500.1.1 Adopted: 06/14/05 Amended: 03/08/07 Amended: 06/10/08 Amended: 06/12/12 Amended: 12/13/16 Amended: 9/11/18 Page 1 of 32
ELIZABETH CITY STATE UNIVERSITY UNIVERSITY CONDUCT SYSTEM
RIGHTS AND RESPONSIBILTIES Students attend Elizabeth City State University (ECSU) as a voluntary act and accept substantial benefits which the State of North Carolina provides. In taking such action, and accepting the benefits which accrue, students must accept the rules and regulations that have been developed pursuant to law. Upon enrollment, a student receives no sanctuary from obedience to law. A student is not entitled to greater immunities or privileges before the law than those that pertain to all citizens. A student must accept the institutional rules and regulations necessary to accomplish the purposes for which the institution was established. The student does not, however, lose constitutional or legal rights by act of voluntary enrollment. The University of North Carolina Manual (700.4.1) specifically refers to the important right of a fair hearing and due process. Federal and state statutes and court cases have established certain student rights which are not to be infringed upon, except in situations which are themselves outlined in law and court procedures. Among these are: 1. No student may be denied access to university facilities or programs on the basis of race, color, national origin, religion, sex, age, sexual orientation, disability, or because of the individual’s honorable service in the armed services of the United States; 2. No student may be denied the protection of the First Amendment of the Constitution of the United States and Article I of the Constitution of the State of North Carolina, which refers to freedom of speech, freedom of religion, freedom of the press, and freedom to assemble peacefully; and 3. No student may be denied the continuance of their education for disciplinary reasons without being afforded the right to due process.
ADDITONAL RIGHTS RECOGNIZED BY ELIZABETH CITY STATE UNIVERSITY
1. The right to read and study free from undue interference in one’s room (Unreasonable noise and other distractions inhibit the exercise of this right). 2. The right to sleep, the right to one’s personal belongings, the right to free access to one’s room and suite facilities during the period that residence halls are open, the right to a clean environment in which to live (optimum physical conditions are essential, as they support, reinforce, and provide positive conditions in which to learn and live).
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3. The right to personal privacy. All persons should have freedom from interference with their personal activities and should be able to maintain privacy for other than academic reasons. 4. The right to host guests. All students should have the opportunity to maintain personal contacts and friendships with other persons to fulfill their needs for socialization. Guests are to respect the above stated rights of the host’s roommates and of other residents.
UNIVERSITY STUDENT CONDUCT SYSTEM
Subject to any policies or regulations of the Board of Governors or the Board of Trustees, it shall be the duty of the Chancellor to exercise full authority in the regulation of student affairs and in matters of student discipline in the institution. In the discharge of this duty, delegation of such authority may be made by the Chancellor to faculty committees and to administrative or other officers of the institution or to agencies of student government, in such a manner and to such extent as may by the Chancellor be deemed necessary and expedient. In the discharge of the Chancellor’s duty with respect to the matters of student discipline, it shall be the duty of the Chancellor to secure to every student the right of due process and fair hearing, the presumption of innocence until found guilty, the right to know the evidence and to face witnesses testifying against the student, and the right to such advice and assistance in the individual’s defense as may be allowable under the regulations of the University approved by the Chancellor. In those instances where the denial of any of these rights is alleged, it shall be the duty of the President of the University of North Carolina to review the proceedings.
Every student shall be bound by the University Code of Conduct. The Code of Conduct shall prohibit actions and behaviors that are clearly inconsistent with the University’s expectations for membership in this community. Visit the University Student Code of Conduct website located at www.ecsu.edu. All adjudicatory power of the Student Body shall be vested in a system of Administrative and Conduct Hearing individuals and boards with recognition that ultimate responsibility must conform to the By-Laws of the University as established by the Board of Trustees.
STUDENT CONDUCT DISCIPLINARY PROCESS
Disciplinary Process Purpose
1.1 The Office of the Dean of Students at ECSU is committed to providing a safe and stimulating environment for the exchange of knowledge. We encourage reasoned discussion, intellectual honesty, and a respect for the rights of all persons. In support of this goal, the primary purpose of the following Student Code of Conduct (“Code of Conduct” or “Code”) and set of Prohibited
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Conduct is to educate and guide students to understand their responsibilities regarding appropriate behavior and respect for others in the University community.
1.2 The disciplinary procedures at ECSU are designed to address violations of disciplinary or conduct rules in manner that prioritizes student development and education. While disciplinary procedures may result in the imposition of sanction in appropriate cases, the primary objectives of these disciplinary procedures are to uphold honor, integrity, and personal responsibility and to promote student learning, safety, health, and wellbeing.
1.2.1 Disciplinary Procedures are not subject to the Federal Rules of Evidence or the Rules of Civil Procedure. As a result, information that might be deemed “hearsay” or is otherwise inadmissible during formal legal proceeding might be considered by the hearing administrator or the Conduct Hearing Board.
INITIATION OF DISCIPLINARY PROCEEDINGS
2.1 Elizabeth City State University is an educational institution. At educational institutions, disciplinary proceedings do not follow the same procedures used in courtrooms. The university shall have the burden of proof responsibility by a preponderance of information. Preponderance of information shall be interpreted as a person being held responsible based upon information/evidence (that information/evidence which is more likely than not) presented from which any reasonable person would conclude that a violation of the University Code of Conduct occurred.
2.2 Under the direction of the Chancellor, the Vice Chancellor of Student Affairs has primary responsibility and authority for the administration of student discipline. Further delegation of this authority may be made by the Vice Chancellor of Student Affairs to the Dean of Students or his/her designee and/or other disciplinary bodies such as the Conduct Hearing Board (CHB) and the Committee on Extraordinary Disciplinary Emergencies.
2.3 The Student Code of Conduct applies to all students, student organizations, and student groups regardless of whether or not the alleged behavior occurred on or off campus or whether the conduct was in direct relation to the university. Further, the Student Code of Conduct may also be applied to behavior conducted online, via e-mail, or through other electronic mediums. ECSU may take action if such information is discovered or brought to the attention of University officials. This includes conduct in connection with, but is not limited to:
2.3.a Work related to co-curricular educational activities and experiences, such as class projects, field trips, work-study, study abroad, community service, or internships – not including academic dishonesty;
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2.3.b Activities sponsored, conducted, or authorized by ECSU or its student organizations; 2.3.c Activities that cause or threaten harm to the health, safety, well-being, or property of ECSU or any member of the ECSU community; 2.3.d Activities that unreasonably disturb the peace and privacy of a student’s neighbors when living in off-campus housing; 2.3.e Any conduct by a student that occurs during or outside of the academic term, even if the student subsequently graduates, withdraws, takes leave, or is otherwise absent from ECSU, and/or if the University does not learn of such conduct until after the student graduates, withdraws, takes leave, or is otherwise absent; 2.3.f The Code of Conduct applies to participants on overseas and off-campus programs, who are expected to act in accordance with University rules and regulations but assume added responsibility to the group and to the laws and customs of the host country or local jurisdictions.
NOTE: Student Conduct charges and associated process is independent and separate from local, state, or federal legal system. Student Conduct charges and associated process will proceed regardless of the status or outcome of a student’s local, state, or federal legal status.
Filing Complaints
3.1 Any academic or administrative official, faculty, staff member, or student may file a written complaint with the Office of the Dean of Students against any student, student organization, or student athletic team for misconduct. 3.2 While action on a complaint of violating a university policy is pending, the status of the student shall not be altered, except for reasons outlined in Sanctioning/Outcomes (Interim Suspension) of this policy.
Presumption of Innocence
4.1 Any student, student organization, or student athletic team charged with an alleged violation of the Code of Conduct shall be presumed innocent until proven responsible by a preponderance of information.
Preliminary Investigation
5.1 When the Dean of Students Office receives information that a student has allegedly violated university policies or local, state, or federal law, the Dean of Students or his/her designee shall investigate the alleged violation. After completing a preliminary investigation, the Dean of Students or his/her designee may:
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5.1.a find no basis for the complaint and dismiss the allegation as unfounded; 5.1.b summon the student for a pre-hearing and then either dismiss the allegation, or provide the student with the choice of an administrative or CHB hearing; 5.1.c proceed administratively by informing the student of the options for resolution of the disciplinary charges.
Options for Resolution of Disciplinary Charges for Individual Students
6.1 Plead not responsible to the charge(s) and request an administrative hearing before the Dean of Students or his/her designee where determination of responsibility will be made. The Dean of Students or his/her designee may elect not to hear the case. The case would then be heard by the Conduct Hearing Board (CHB). If the student is held responsible by the administrative hearing officer, an appropriate sanction will be determined. 6.2 Plead not responsible to the charge(s) and have a hearing before the CHB where a determination of responsibility will be made. If the student is held responsible by the CHB, an appropriate sanction will be determined. 6.3 Plead responsible to the charge(s) and request an administrative hearing before the Dean of Students or his/her designee to determine an appropriate sanction. The Dean of Students or his/her designee may elect to not to hear the case. The case would then be heard by the CHB. 6.4 Plead responsible to the charge(s) and request that the CHB determine an appropriate sanction. 6.5 A student choosing a hearing before an administrative hearing officer or the CHB has a right of appeal to the Vice Chancellor of Student Affairs. If a student chooses a hearing before the CHB and is cited for an additional violation in the interim, a student then forfeits the right to a board hearing, and an administrative hearing with the Dean of Students or his/her designee will be conducted on all charges. 6.5.1 All charges of an alleged violation of the Code of Conduct occurring one week prior to exams and going through exam week and during the summer sessions will be heard by the administrative hearing officer or his/her designee. Appeals will be directed to the Vice Chancellor of Student Affairs. 6.6 If a student requests an administrative hearing before the Dean of Students or his/her designee, the student may waive all or part of the written notice requirements that follow below. The student may also waive the number of days specified from the original date of the charge(s) and proceed with the hearing. All waivers shall be executed by a signed writing. If the student chooses an administrative hearing, the Dean of Students or his/her designee shall provide him/her with: 6.6.a a written notice of the charge(s) and an outline of rights. In the event that additional charges are brought, a further written notice must be forwarded to the student in accordance with the Disciplinary Correspondence of this policy; 6.6.b a review of all available information, documents, exhibits, and a list of witnesses that may testify against him/her. This is a continuing obligation of the complainant party and the Dean of Students or his/her designee;
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6.6.c a choice to elect not to appear at the hearing. The hearing shall be conducted in the student’s absence; 6.6.d a written notice of the date, time, and place of the hearing forwarded to the accused at least five (5) calendar days prior to the hearing. Unless the student waives all or part of the notice, the formal hearing will not be held less that five (5) calendar days from the date of the original charge letter; and 6.6.e in cases of serious violations (a violation which the possible sanction/outcome include suspension or expulsion) a written notice of the formal charges must be provided to the student. The hearing date for these charges shall not be scheduled for at least ten (10) calendar days prior to the hearing, unless the student waives all or part of the notice. 6.6.f a pre-hearing interview with the Dean of Students or his/her designee is where all of these rights, responsibilities, and procedures are explained.
Summoning a Student for a Pre-Hearing Conference
7.1 Should a student not appear when requested by the Dean of Students or his/her designee, the Dean of Students or his/her designee may formally summon a student to appear for a conference in connection with an alleged violation of the Code of Conduct. 7.2 The letter shall direct the student to appear at a specified time and place not less than three (3) calendar days after the issuance of the letter. The letter shall also briefly describe the alleged violation. 7.3 If an accused student fails to respond to a charge letter and the pre-hearing conference letter, the accused student forfeits the aforementioned options provided in section 6.6.a through 6.6.e and will be notified by certified letter, sent at least seven (7) calendar days prior to a hearing before the Dean of Students or his/her designee, or at the option of the administrator, the CHB. At this hearing, a determination of responsible or not responsible will be made based upon available information, with or without the accused student. If the student fails to attend the hearing, all allegations against the student shall be deemed to be denied by the student and a plea of not responsible will be entered on behalf of the student. When appropriate, a sanction/outcome will be determined by the hearing administrator and the student will be notified in writing.
Disciplinary Correspondence 8.1 All disciplinary correspondence will be sent to the student’s campus email account via Maxient (secured conduct database) and/or via university email from the Dean of Students or his/her designee; to the student’s campus post office box (for on-campus residents) by certified mail and/or the permanent address of record for the student listed in BANNER by certified mail. The university reserves the right to use other reasonable means to notify students.
Conduct Hearing Board 9.1 The Conduct Hearing Board (CHB) shall become involved when a student requests a hearing before the CHB or when a case is referred by the Dean of Students or his/her designee. The CHB
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is a board of the chancellor composed of faculty, staff, and student members. The Dean of Students or his/her designee serves as the advisor to the CHB. 9.2 A quorum shall consist of any three (3) individuals (to include the chair) selected from the pool of members, which includes: 9.2.a a minimum of five (5) students recommended by the president of the student body. Interested students may be recommended by university departments, or may apply to the Office of Student Affairs for selection for consideration by the chancellor. Students that are recommended and/or selected will be appointed by the chancellor; 9.2.b a minimum of five (5) faculty members recommended by the faculty senate chair and/or express interest in serving to the Office of Student Affairs will be appointed by the chancellor; 9.2.c a minimum of five (5) administrative staff members recommended by the vice chancellor of student affairs and/or express interest in serving to the Office of Student Affairs will be appointed by the chancellor. 9.3 The chair of the CHB shall be appointed by the chancellor and is a non-voting member, except when there is a tie vote. 9.4 The students recommended by the president of the student body for appointment to the CHB are selected through a campus wide application process. 9.5 CHB members will be appointed by September 1st each year. Appointments are for one (1) year CHB members may be reappointed by the chancellor. 9.6 Vacancies occurring during the course of the year will be filled by the chancellor. 9.7 Members of the CHB become active members only after they have been trained by the Office of Student Affairs. 9.8 The CHB may have, at the request of the student, original jurisdiction in disciplinary cases. 9.9 The CHB may have, at the request of the Dean of Students or his/her designee, original jurisdiction in disciplinary cases.
Procedural Standards for Conduct Hearing Board Cases
10.1 All matters upon which the decision may be based must be introduced into the informational packet at the hearing before the CHB. The decision shall be based solely upon such matters and must be supported by the information. Any student charged with an infraction shall be presumed not responsible until proven responsible by a preponderance of the information. 10.2 All information will be admitted except that which is irrelevant or repetitious or which is obtained in violation of search and entry provisions. The CHB will be the sole judge of admissibility of information. 10.3 CHB records are maintained in the Division of Student Affairs central office and are confidential and may be released only with the consent of the accused student. 10.4 No member of the hearing body who has personal interest in the particular case may sit in judgement during the proceedings. In such cases in which a member cannot service due to a conflict of interest, an alternate member will serve for the duration of the hearing.
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10.5 In an effort to maintain the environment described in section 1.1 of this document, questioning of witnesses will be conducted in the following manner: Questions will be posed to the chair of the CHB and if the question is deemed appropriate and relevant the chair of the CHB will instruct the witness to answer the question posed. The chair of the CHB will, if necessary, repeat the question for the witness.
Hearings Before the Conduct Hearing Board 11.1 Please review all entitlements found in section 6.1 through 6.6.f of this document.
Duties of the Conduct Hearing Board 12.1 In those cases in which the accused student disputes the facts upon which the charges are based, such charges shall be heard and determined by the CHB. The CHB will: 12.1.a rule on the admissibility of information, procedures, and disagreements within the hearing; 12.1.b. set forth a finding of facts; 12.1.c. render a written decision as to the accused student’s responsibility or not responsibility of the charges; 12.1.d. determine the sanction(s)/outcome(s), if any; and 12.1.e. provide the vice chancellor of student affairs a copy of the decision
Duties of the Dean of Students 13.1 The Dean of Students or his/her designee shall: 13.1.a consult the CHB in setting the date, time, and location of the hearing; and 13.1.b notify the student of the date time, and location of the hearing. The letter shall specify a hearing date a minimum of at least five (5) calendar days after the date of delivery of the letter. A student may request in writing that an earlier date be set, if feasible. The CHB, for good cause, may postpone the hearing and notify all interested persons of a new hearing date, time, and location. 13.2 A letter mailed under paragraph 13.1.b. shall: 13.2. a. direct the student charged to appear at a date, time, and place specified; 13.2. b. advise the student of his/her rights. Those rights are: i. to appear in person, hear all testimony, present any relevant information on his/her behalf, call witnesses, and ask questions (see paragraph 10.5) of any person present at the hearing; ii.to elect not to appear at the hearing. The hearing then shall be conducted in the student’s absence; iii.to refuse to answer any questions or make a statement – however, the hearing authority then shall make its decisions solely on the basis of information introduced at the hearing; iv.to know the identity of witnesses who will testify against him/her; v.to question each witness (see paragraph 10.5) who will testify against him/her for the purpose of clarification;
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vi. to have all statements, information, or comments given during the hearing held in strictest confidence by members of the board before, during, and after deliberation. Only those faculty and staff with an educational need to know will be informed of the outcome. The chairperson will exercise control over the hearing to avoid needless consumption of time, to avoid repetition of information, and to prevent the harassment or intimidation of participants; vii. to have hearings conducted in an informal manner where technical rules of evidence will not be applied. The taking of statements of witnesses may be done by discussion, though each witness shall be subject to cross-examination (see paragraph 10.5). Witnesses (except for the accused) shall be present during the hearing only during the time they are testifying. viii.While written statements are admissible, no one shall be found responsible who has not had the opportunity to testify, to present evidence and witnesses, and to hear and question adverse witnesses; ix.to have a summary of the hearing record; and x.to appeal. 13.2. c. contain the name of the person appointed to act as chair of the CHB; 13.2. d. contain the names of witnesses who will testify against the student and a description of evidence and charges that will be offered against him/her; 13.2. e. contain a copy of the complaint; and 13.2. f. notify the charged student that the Dean of Students or his/her designee may question a student testifying on the defendant’s behalf or question the defendant if he/she testifies on his/her behalf. 13.3 If a student fails, without good cause, to comply with the letter sent under this section, the CHB may proceed with the hearing in the student’s absence.
Representation During Disciplinary Procedures 14.1 In accordance with North Carolina General Statute §116-40.11[1], students and student organizations at Elizabeth City State University who have been accused of a violation of disciplinary or conduct rules may be represented by a licensed attorney or a non-attorney advocate during any disciplinary procedure except when the violation: 14.1. a will be heard by a Student Honor Court; or 14.1. b. is an allegation of Academic Dishonesty, as defined by ECSU. 14.2 When scheduling disciplinary procedures, ECSU will make reasonable efforts to accommodate a licensed attorney or non-attorney advocate. However, the availability of students or student organization members; witnesses; the designated administrator, panel members, or board members assigned to the matter; and other necessary participants may take priority when determining the date and time for a disciplinary procedure. 14.3 Nothing in this policy shall be construed to create a right to be represented during a disciplinary procedure at public expense. 14.4 In order for a licensed attorney or non-attorney advocate to represent a student or student organization in a disciplinary procedure, the student or student organization must provide the
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Office of Student Conduct with the three (3) documents described below. These three (3) documents must be submitted three (3) business days prior to the scheduled hearing. 14.4.1Notice of Representation 14.4.1.a Students and student organizations that plan to have a licensed attorney or non-attorney advocate represent them during a disciplinary procedure must notify the Office of Student Conduct in writing of the attorney’s or advocate’s planned participation in a disciplinary procedure. This notice must specify: 14.4.1.1. b. the identity of the licensed attorney or non-attorney advocate; 14.4.1.1. c. whether the individual is a licensed attorney or a non-attorney advocate; and 14.4.1.1. d. an address, telephone number, and email address where the licensed attorney or non- attorney advocate can be reached. 14.1.1 FERPA Authorization In order for a licensed attorney or a non-attorney advocate to represent a student or student organization during a disciplinary procedure or to speak with an official of the Office of Student Affairs regarding the student or the members of a student organization, the student must complete and submit a written authorization that meets the requirements of a valid consent as specified by the Family Educational Rights and Privacy Act (FERPA) 14.4.2.2 Even if a student executes a valid FERPA consent authorizing the licensed attorney or non- attorney advocate to receive information or documents regarding the student , ECSU may at all times correspond directly with the student or student organization. It is the student’s or student organization’s responsibility to communicate and share information with a licensed attorney or non- attorney advocate. 14.4.3 Certification by Licensed Attorney or Non-Attorney Advocate 14.4.3.1 Students or student organizations that plan to have a licensed attorney or non-attorney advocate represent them during a disciplinary procedure must submit a certification form signed by the licensed attorney or non-attorney advocate stating that the licensed attorney or non-attorney advocate has read in their entirety and understood the following documents: -- The ECSU Student Code of Conduct -- The UNC Disciplinary Procedures Manual (700.4.4.1)
14.5 Licensed attorneys or non-attorney advocates may fully participate in disciplinary procedures only to the extent afforded to the student or student organization they represent. Additionally, licensed attorneys and non-attorney advocates may not delay, disrupt, or otherwise interfere with a disciplinary procedure.
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14.6 An attorney or other individual representing ECSU may participate in disciplinary procedures in which a licensed attorney or non-attorney advocate represents a student or a student organization.
Hearing Procedure 15.1 The CHB shall proceed generally as follows during the hearing: 15.1. a. conduct hearings shall be closed to the public; 15.1. b. the chair of the CHB reads a complaint and informs the charged student of his/her rights, and asks the student whether he/she pleads responsible or not responsible to the charge(s) before the CHB; 15.1. c. the Dean of Students or his/her designee presents the university’s case; 15.1. d. the student presents his/her defense; 15.1. e. the Dean of Students or his/her designee and the student defendant present rebuttal evidence and arguments; 15.1. f. the CHB deliberates and decides the issue of responsibility or non-responsibility; 15.1.g. if the CHB finds the charged student responsible, the Dean of Students or his/her designee and the charged student may present evidence and arguments on an appropriate penalty; 15.1. h. the CHB deliberates and determines an appropriate penalty 15.1. i. the CHB renders a written decision as to the accused student’s responsibility or non- responsibility of charges. The decision states the penalty, if any, and procedures for appeal; and 15.1. j. the accused student, the vice chancellor for Student Affairs, and the Dean of Students shall each be given a copy of the decision.
Hearing Record 16.1 The hearing record is confidential and consists of: 16.1.a a copy of the notice forwarded to the student 16.1.b a written copy of the hearing together with other material considered by the CHB; and 16.1.c a decision of the CHB
Appeal of Administrative/Conduct Hearing Board Determinations
17.1 In the event that a charged student disagrees with a finding of responsible or sanction of an administrative hearing officer or the CHB, the charged student may request an appeal to the Vice Chancellor of Student Affairs within forty-eight (48) hours after notification of the decision by obtaining a Request for Appellate Consideration form from the Division of Student Affairs Office and then submitting said form to the Dean of Students or his/her designee She/he will submit the appeal to the Vice Chancellor of Student Affairs within forty-eight (48) hours for prompt consideration. Original sanctions (except expulsion) are normally put into effect only after the
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Vice Chancellor of Student Affairs makes a determination. The Vice Chancellor of Student Affairs has the authority to approve, reject, or modify sanctions. He/She may impose less severe sanctions as well as more severe sanctions. The decision of the Vice Chancellor of Student Affairs may be appealed to the chancellor or his/her designee by completing the Request for Appellate Consideration form. The appeal must be submitted to the Dean of Students or his/her designee within forty-eight (48) hours, and she/he will submit the appeal to the chancellor or his/her designee for prompt consideration. 17.2 The function of the Vice Chancellor of Student Affairs in hearing an appeal of an Administrative or Conduct Board Hearing is to determine if: 17.2.a An alleged violation of the right guaranteed the accused and/or complainant has occurred; 17.2.b and/or The sanctions and/or the conditions of the sanctions are extraordinarily disproportionate to the violation(s); 17.2.c and/or Discovery of new and significant information tat would have affected the outcome of the hearing and that was not known, or could not reasonably been discovered and/or presented at the time of the hearing.
17.3 Upon receiving the request for appellate determination the Vice Chancellor of Student Affairs shall obtain all records pertaining to the individuals and incident. With this information the Vice Chancellor will decide whether an appeal hearing is warranted. The decision is based upon the three (3) options for an appeal stated in 17.2 above. He/She will notify the petitioner in writing of his/her decision within seven (7) calendar days after receiving the petition;
17.4 If the Vice Chancellor determines that a hearing shall be granted, that hearing shall be held within seven (7) calendar days of such determination and notification shall be given in writing at least three (3) calendar days prior to the set date for the hearing, specifying date, time, and location. The notification will also include information to the student regarding his/her rights.
17.5 In cases where the appeal is based upon the foundation that “the sanctions and/or the conditions of the sanctions are extraordinarily disproportionate to the violation(s)”, the Vice Chancellor of Student Affairs may determine to review only the sanctions as provided and issue a determination. The Vice Chancellor of Student Affairs has the authority to approve, reject, or modify sanctions.
Definition of Terms The below definitions apply to the Student Conduct Process. For definitions and other information related to the Sexual Misconduct Process, see the Sexual Misconduct, Stalking, and Dating Violence Policy (900.4.1.5).
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1. Campus - Property or buildings owned, leased, rented, operated, controlled, managed, or otherwise under the jurisdiction of ECSU or its affiliates, regardless of their location. 2. Members of the University Community - Refers, collectively and individually, to faculty, staff, students, Trustees, volunteers (e.g., advisors), organizations, divisions, sub-divisions, groups, alumni, and contractors of the University or any of its campuses, facilities, programs, or events. 3. Student - Any person from the time he or she accepts admission to ECSU up through the date of graduation or official withdrawal from the University. This includes, but is not limited to, new students at orientation, persons not currently enrolled but who are still seeking a degree from ECSU, persons currently under suspension, and any other person enrolled in a course or program offered by ECSU. 4. Student Groups - A number of persons who are associated with the University and each other, but who have not registered, or are not required to register, as a student organization (included but not limited to athletic teams, musical or theatrical ensembles, academic or administrative units, clubs not registered as a student organization). 5. Student Organizations - A number of persons who are associated with the University and each who are registered with and recognized by the University (included but not limited to greek letter organizations, social, service, and thematic groups). 6. University - Elizabeth City State University (ECSU), including online programs and off-site locations. 7. University Facility - Any building or other facility, including an athletic or recreational field that is owned, operated, and/or under the jurisdiction of the University. 8. University Official - Any person employed by the University (including but not limited to faculty, staff, administration, and student staff members) acting within the scope of their job duties. 9. Referral/Incident Report - Document which contains the basis for the alleged violation of the Student Code of Conduct including, but not limited to, police reports, formal statements from university officials submitted to the Dean of Students and/or designee. 10. Referring/Reporting Party - Person or office that reported the alleged violation of the Student Code of Conduct to the Dean of Students and/or designee. The Referring Party may be the person who was subject to alleged misconduct, a witness to the misconduct, or a university official who the alleged violation has been reported to. There may be more than one reporting party for an incident. 11. Responding Party - Student, student group, or student organization who is alleged to have violated the Prohibit Conduct section of the Student Code of Conduct. There may be more than one Responding Party for an incident. In the cases of student groups or student organizations senior most officer or officers will participate in the Student Conduct Hearing on behalf of the group or organization.
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NOTE: The Responding Party is the Accused Student.
12. Witness - Person who is requested to participate in an investigation, by interview or written statement, or attend and give a verbal witness statement at a hearing because they may have information about the alleged misconduct. Suggested witness names may be supplied by the Referring Party, Responding Party, or others with knowledge of the matter. 13. Hearing Officer - Any person, or persons, authorized by the Dean of Students, or designee to be a member of an administrative hearing or hearing board designated to give reasoned judgement of finding as to whether a student has violated the Prohibited Conduct section of the Student Code of Conduct. They have the authority to conduct Administrative Hearing and to serve on a Hearing Board. Hearing Officers have the authority to impose the full range of sanctions under the Student Code of Conduct Policy and Procedures. 14. Conduct Hearing Board - A select group of several hearing officers (students, faculty, and staff) that has been designated to make findings as to whether a student has violated the Prohibited Conduct section of the Student Code of Conduct. 15. Hearing Chair - A specific hearing officer (faculty or staff) who is designated to lead the hearing process during all hearings, to guide the hearing board through deliberation and determination/outcome of each case, and is responsible to completing and filing critical paperwork with the Office of the Dean of Students. 16. Non-Attorney Advocate- A person selected by the Responding Party (charged student) to assist them in navigating the Student Conduct Process. A student may have only one advocate; a legal attorney may be used as an advocate The advocate may advise, assist, and accompany the Responding Party in the preparation for any meetings or hearings and may fully participate in such procedures. Advocates may not be witnesses in the matter at hand, and they may not provide direct information or testimony at any point in the process. The student is responsible for the behavior and actions of their advisor. 17. Attorney - Legal representation serving on behalf of the Responding Party (charged student). An attorney may serve as an advisor during the Student Conduct Process. The attorney, serving in the advisor capacity, may advise, assist, and accompany the Responding Party in the preparation for any meetings or hearings and may fully participate in such procedures. Advisors may not be witnesses in the matter at hand, and they may not provide direct information or testimony at any point in the process. The student is responsible for the behavior and actions of their advisor. 18. Conduct Consultant - An ECSU employee or student assigned by the University to the Responding Party to provide the Responding Party with the opportunity to discuss and demystify the Student Conduct Process. The Conduct Consultant conducts a consultation with the Responding Party to receive clarification of their rights and options, the ability to inspect and review all relevant information, as well as a range
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of potential sanctions for the violation in question should the charges be substantiated. 19. Preponderance of Information- Standard of proof used by the hearing officer. Preponderance of information means that the statements and information presented in the matter must indicate that it is more likely than not that the Responding Party a violated the Student Code of Conduct. 20. Good Standing - A student is considered to be “not in good standing” with the University if they have been placed on suspension, expelled, or have not completed sanctions associated with their student conduct case.
I. CODE OF CONDUCT General 1.1 Any student whose conduct on or off campus becomes unsatisfactory and is determined to have detrimental impact on the mission of the university will be subject to appropriate action through the Office of the Dean of Students. No student will be permitted to graduate or officially withdraw from the university while disciplinary action is pending against him or her. All students are responsible for conducting themselves in a manner that helps enhance an environment of learning in which the rights, dignity, worth, and freedom of each member of the academic community are respected. All students must report, in writing, any federal, state, or local criminal charges and/or dispositions of criminal charges to the Office of the Dean of Students. 1.2 A ECSU student shall refrain from engaging in behaviors that violate the Code of Conduct listed below, which reflect conduct unbecoming of a student at Elizabeth City State University. 1.3 The University embraces and strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the United States Constitution and the North Carolina State Constitution. The university has the right under appropriate circumstances to regulate the time, place, and manner of exercising these and other constitutionally protected rights. 1.4 All students are responsible for conducting themselves in a manner that helps to enhance an environment of learning in which the rights, dignity, worth, and freedom of each member of the academic community are respected. 1.5 Violations of campus or university policies, rules or regulations, or federal, state, or local law may result in a violation of the student Code of Conduct and imposition of student discipline in accordance with disciplinary sanctions. 1.6 The University considers the behavior described in the following sub-sections as inappropriate for students at ECSU. These rules apply to all ECSU students, student organizations, and student groups regardless of whether or not the alleged behavior occurred on or off campus or whether the conduct was in direct relation to the university.
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VIOLATIONS OF ACADEMIC MISCONDUCT All academic related matters, not associated with a student’s classroom behavior, are handled by Academic Affairs. The following are several types of academic related matters that are prohibited by Academic Affairs.
ACADEMIC MISCONDUCT 2.1 Plagiarism: Using another’s work, in whole or in part, without acknowledging the source, presenting that material as one’s own academic work, or in violation of course assignment standards. 2.2 Cheating: Any attempt by a student to answer questions on a test, quiz, or assignment by means other than his or her own knowledge, without authorization from the instructor in an attempt to obtain an unfair academic advantage. 2.3 Multiple Submissions: Submitting the same academic work for credit more than once unless specifically authorized by the instructor of record. 2.4 Fabrication or Falsification: Knowingly using and/or presenting invented or fabricated information, falsified research, or other findings. 2.5 Misrepresentation: Misrepresenting facts in an attempt to gain an academic advantage. 2.6 Posing as another student, including, attempting to meet a course or graduation requirement. 2.7 Providing specific information about a recently given test, examination, or assignment to a student who thereby gains an unfair advantage. 2.8 Providing aid to another person, knowing such aid is expressly prohibited by the faculty member, in the research, preparation, creation, writing, performing, or publication of work to be submitted for academic evaluation. 2.9 Permitting one's academic work to be represented as the work of another. 2.10 Sharing or distributing academic materials, including class notes, in violation of the UNC Policy Manual 500.2 – Patent and Copyright Policies.
PROHIBITED CONDUCT
DECEPTION AND DISHONESTY 3.1 Lying to or misleading faculty, staff, or university officials for any purpose. 3.2 Withholding, with full knowledge, information from the university.
FRAUD 4.1 Forging, altering, defrauding, or misusing documents, credit/debit cards or money, checks, records, and ID cards of an individual or the university.
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4.2 No student shall misrepresent their self in, or regarding any transaction with the university, whether oral, written, or by other means. 4.3 The creation, manufacture, sale, possession, and/or use of any form of false identification (federal, state, local, or university).
FAILURE TO COMPLY WITH AN OFFICIAL REQUEST 5.1 Failure to comply with the official and proper of a clearly identifiable university official or law enforcement officer acting within the scope of their employment. 5.2 Uncooperative response to faculty members, university officials, or any local, state, and federal law enforcement officer acting within the scope of their employment. FAILURE TO PRESENT IDENTIFICATION 6.1 Failure to present personal identification when requested to do so by a university official acting within the scope of their employment. DISRUPTIVE AND DISORDERLY CONDUCT 7.1 No student shall engage in conduct that is disorderly, lewd, or indecent; breach of peace; aid, abet, or procure another person to breach the peace in the local community, on university premises or at functions sponsored by, or participated in, by the university or members of the academic community. SETTING OF FIRE AND FIRE HAZARDS 8.1 No student shall start a fire or create a fire hazard on university owned or operated property or properties off campus (willful and negligent damage to property by fire shall be referred for criminal charges as appropriate). FIRE SAFETY EQUIPMENT 9.1 Misusing, tampering with, or disturbing without proper cause any fire prevention and control equipment. CLASSROOM BEHAVIOR 10.1 Disrupting classroom activity and/or other university academic functions by operating cellular technology, including, but not limited to, unauthorized use of phones, tablets, MP3/4 players, laptops, pagers, beepers, etc. in classrooms, libraries, and labs. OBSTRUCTING OR DISRUPTING TEACHING. REASEARCH, OR OTHER UNIVERSITY ACTIVITES 11.1 Obstructing or disrupting teaching, research, or other university activities on university premises. 11.1.1 Obstruction and/or disruption may occur through verbal abuse, obscenities, or alarm; making unreasonable noise; creating a hazardous or lewd condition by any act, which serves no legitimate purpose as defined by the university. THREATENING ANOTHER 12.1 Threating another individual physically, verbally, or by any other means in a manner to make the that individual reasonably believe that the threat or threats are likely to be carried out; harassment; intimidation; or coercion by any means (i.e. electronic communication). HARASSMENT, BULLYING, OR INTIMIDATION
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13.1 ECSU will also enforce the University of North Carolina Policy 700.4.2, which states: 13.1.1 No student shall threaten, coerce, harass, or intimidate another person or identifiable group of persons, in a manner that is unlawful or in violation of a constitutionally valid university policy, while on university premises or at university sponsored activities based in whole or in part upon the basis of race, color, religion, biological sex, sexual orientation, gender identity, national origin, age, disability, genetic information, or veteran status. 13.1.2 No student shall engage in unlawful harassment leading to a hostile environment. Unlawful harassment includes conduct that creates a hostile environment by meeting the following criteria: It is: (1) Directed toward a particular person or persons; (2) based in whole or in part upon the basis of race, color, religion, biological sex, sexual orientation, gender identity, national origin, age, disability, genetic information, or veteran status; (3) Unwelcome;(4) Severe or pervasive; (5) Objectively offensive; and (6) So unreasonably interferes with the target person’s employment, academic pursuits, or participation in university sponsored activities as to effectively deny equal access to the university’s resources and opportunities. 13.1.2.a In determining whether student conduct violates these provisions, all relevant facts and circumstances shall be considered. Care must be exercised to preserve freedoms of speech and expression, as articulated in current legal standards. 13.2 Sex or Gender Based Discrimination: Any unlawful distinction, preference, or detriment to an individual as compared to others that is based on an individual’s sex or gender and this sufficiently serious to unreasonably interfere with or limit: 13.2.1 A student’s or applicant’s ability to participate in, access, or benefit from educational programs, services, or activities (e.g. admission, academic standing, grades, assignment, campus housing); 13.2.2 An employee’s or applicant’s access to employment or conditions and benefits of employment (e.g. hiring, advancement, assignment); 13.2.3 A guest’s or visitor’s ability to participate in. access, or benefit from the University’s programs. 13.3 Sex or Gender Bases Harassment: A type of discrimination that occurs when verbal, sexual, physical, electronic, and another form of conduct based upon an individual’s sex or gender interferes with that individual’s education, employment, or participation in a University program or activity. 13.4 Sexual Harassment: Unwelcome verbal, physical, electronic, or other forms of conduct of a sexual nature that significantly interferes with that individual’s education, employment, or participation in a University program or activity. There are two types of Sexual Harassment: Hostile Environment and Quid Pro Quo Harassment. 13.5 Sexual Harassment – Hostile Environment: Unwelcomed conduct by an individual against another individual based upon sex or gender that is so severe, persistent, and/or pervasive that it alters the conditions of education, employment, or participation in a
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University program or activity and creates an environment that a reasonable person, in similar circumstances and with similar identities, would find hostile, intimidating, offensive, or abusive. An isolated incident, unless sufficiently serious, will usually not amount to Hostile Environment Harassment. 13.6 Sexual Harassment – Quid Pro Quo: Unwelcomed conduct by an individual against another individual based upon sex or gender where submission to, or rejection of, such conduct is used, explicitly or implicitly, as the basis for decisions affecting an individual’s education, employment, or participation in a University program or activity.
ELECTRONIC DEVICES 14.1 Any unauthorized use of electronic or other devices to make an audio or video record of any person while on university premises without their prior knowledge, or without their effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures or video of another person in what is considered a private area (i.e. gym, locker room, or restroom).
ENDANGERING THE HEALTH AND SAFETY OF ANY PERSON 15.1 No student shall take any action that creates a danger to any person’s health, safety, or personal wellbeing.
PHYSICAL ASSAULT 16.1 No student shall commit an act of physical harm or threaten to cause physical harm to another person. This includes, but is not limited to, any unwanted touching or attempted unwanted touching that causes physical injury or pain to another person.
SEXUAL MISCONDUCT 17.1 Sexual Assault 17.2 Sexual Exploitation 17.3 Interpersonal Violence 17.4 Stalking 17.5 Complicity 17.6 Retaliation
UNAUTHORIZED ENTRY/TRESPASSING 18.1 Unauthorized entry or presence in or use of any university premises or property including, but not limited to, roofs, storage facilities, crawl spaces, mechanical rooms, and out buildings or student property (i.e. automobiles, lockers, or residences) or unauthorized possession, duplication, loan, or use of keys to any university premises or property.
OFFENSIVE OR DISRUPTIVE SPEECH/CONDUCT
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19.1 Engaging in objectively offensive or disruptive speech or conduct directed toward a member of or visitor to the university community if such language or conduct is obscene or so severe and pervasive as to constitute legally prohibited harassment in that it effectively prevents an individual from obtaining an education or creates n objectively hostile educational work environment.
ABUSE OF THE STUDENT CONDUCT SYSTEM 20.1 Failure to obey the notice from a Conduct Hearing Board or university official to appear for a meeting or hearing as a part of the student conduct system. 20.2 Falsification, distortion, or misrepresentation of information before a Conduct Hearing Board or university hearing official. 20.3 Disruption or interference with the orderly conduct of a Conduct Hearing Board or administrative hearing proceeding. 20.4 Institution of a student conduct code proceeding in bad faith. 20.5 Attempting to discourage an individual’s proper participation in, or use of, the student conduct system 20.6 Attempting to influence the impartiality of a member of a Conduct Hearing Board or administrative hearing officer prior to, and/or during the course of, the Conduct Hearing Board or administrative hearing proceeding. 20.7 Harassment (verbal or physical) and/or intimidation of a member of a Conduct Hearing Board or administrative hearing officer prior to, during, and/or after a student conduct code proceeding. 20.8 Failure to comply with the sanction(s) imposed under the student code. 20.9 Influencing or attempting to influence another person to commit an abuse of the student conduct code system.
VIOLATING POLICIES GOVERNING RESIDENCE LIFE 21.1 See Housing Contract and Student Housing Section of the ECSU Student Handbook.
BICYCLES, SKATES, SKATEBOARDS, AND SCOOTERS 22.1 Roller skating/blading, skateboarding, scooter riding, and the riding of bicycles is prohibited in university buildings. 22.1.1 Roller skating/blading, skateboarding, scooter, and bicycle riding as a means of transportation is permitted on walkways and ramps when the operator does not createa hazard to themselves or others.
VANDALISM AND DAMAGE TO PROPERTY 23.1 The unauthorized vandalism, malicious destruction, damage, or misuse of public or private property is prohibited.
LITTERING
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24.1 No individual may scatter, spill, or place or cause to be blown, scattered, spilled or otherwise dispose of any litter upon any public or private property.
STEALING OR ATTEMPTING TO STEAL 25.1 Stealing or attempting to steal, aiding or abetting, receiving stolen property, selling stolen property, or embezzling the property of another person or the university.
ALCOHOL 26.1 The illegal and irresponsible use, possession, manufacture, and distribution of alcohol on university policy is prohibited. 26.1.1 Possession and/or use of alcohol under the age of 21. 26.1.2 Sale and/or distribution of alcohol to and individual under the age of 21. 26.1.3 Being intoxicated or overcome by alcohol while in public. 26.1.4 Operating a motor vehicle while intoxicated or under the influence of alcohol 26.1.5 Manufacture of any type of alcoholic beverage while living in student housing. 26.1.6 Possession and/or use of common source alcohol containers. 26.1.7 Hosting a social even with alcohol which involves disruptive behavior, illegal use/possession of alcohol, and/or other violations of university policy. 26.1.8 Participation in behaviors/games/devices which are consistent with rapid consumption of alcohol, including, but not limited to, beer funnels/bongs, keg stands, shot-gunning/chugging, flip cup, circle of death, beer pong, quarters, etc.
DRUGS 27.1 The illegal and irresponsible use, possession, manufacture, and distribution of drugs on university property is prohibited. 27.1.1 Unauthorized possession and/or use of a controlled substance. 27.1.2 Sale and/or distribution of a controlled substance. 27.1.3 Being intoxicated or overcome by a controlled substance or drug while in public. 27.1.4 Operating a motor vehicle while intoxicated or under the influence of a controlled substance. 27.1.5 Manufacturing any type of controlled substance or drug. 27.1.6 Possession of any drug related paraphernalia, including, but not limited to, devices commonly used for smoking marijuana and other drug devices commonly employed in the use of drugs. 27.1.7 Hosting a social event in which controlled substances or drugs are being used. 27.1.8 Knowingly being in the presence of others violating the drug policy.
HAZING 28.1 Hazing may include, but is not limited to, any action that recklessly or intentionally endangers the mental, emotional, or physical health and/or safety of a student for the purpose of
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initiation, admission into, affiliation with, or increase in status within any student organization or group regardless of the person’s consent to participate. 28.1.1 Brutality of a physical nature including, but not limited to, paddling, whipping, beating, branding, forced calisthenics, exposure to the elements. 281.2 Coerced consumption including, but not limited to, any food, alcoholic beverage, liquid, drug, or any other substance - especially those that may subject the student to a risk of harm. 28.1.3Acts intended to cause mental stress including, but not limited to, sleep deprivation, transportation and/or abandonment, confinement to a small space, forced exclusion from social contact, forced contact which could reasonably result in embarrassment, any forced activity that is designed to shame and/or humiliate, or any act of harassment. 28.1.4 Coerced activities including, but not limited to, violation of local/state/federal laws, violation of university policies/rules/regulations, and personal servitude.
NOTE: It is illegal to haze, or be hazed, pre and post the timeline of a regulated and sanctioned new member process. In other words, it is illegal to pre-pledge/haze and it is illegal to post- pledge/haze.
WEAPONS, EXPLOSIVES, AND DANGEROUS CHEMICALS 29.1 Possession, use, manufacture, and distribution of weapons, explosives, and dangerous chemicals is prohibited on university property. 29.1.1 Possession, storage, or use of weapons including, but not limited to, firearms, compressed-air guns, pellet guns, etc. on university owned or affiliated property except as expressly permitted by law. 29.1.2 Possession, storage or use of dangerous materials including but not limited to fireworks, explosives or chemicals which are corrosive or explosive on university owned or affiliated property except as expressly permitted by law. 29.1.3 Any object not mentioned above used to intimidate, threaten, harm, and/or provide force can be considered a weapon under this provision.
GAMBLING 30.1 Gambling is prohibited on university property. Gambling for money or other things of value, except as permitted law. Prohibited gambling includes, but is not limited to, betting on, wagering on, or selling pools on athletic or competitive event.
UNIVERSITY POLICIES
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31.1 No student shall take any action, which violates any publishes university policies or procedures. This includes the violation of any university published policy, rule, or regulation in hard copy or available electronically on the university website. 31.1.1 Misuse of University Facilities may include, but is not limited to, misuse or unauthorized use of any University facility, unauthorized entry or attempted entry into any University facility.
COPYRIGHT VIOLATION 32.1 Copyright Violations, may include but is not limited to: 32.1.1 Federal law restricts the use of copyrighted material including, but not limited to, video, audio, or computer programs. Any student, group, or organization intending to use such material is required to provide evidence that its use conforms to law prior to use. VIOLATION OF FEDERAL, STATE, OR LOCAL LAW 33.1Violation of University Policy, may include but is not limited to: 33.1.1 Violation of any University policy and/or procedure of ECSU including, but not limited to, violation of any published residential life guide, rule and/or regulation; academic and classroom policies; University handbooks, fraternal organization rules, athletic requirements, and/or student employment standards.
NOTE: A student may be found responsible for violating the Prohibited Conduct section of the Student Code of Conduct or not-responsible.
SANCTIONS/OUTCOMES
A conduct sanction is an educational tool designed to address violations of Prohibited Conduct set forth by a Hearing Chair. They are deemed appropriate for students found responsible under the premise that they were more likely than not to have violated the policy. Sanctions relate to the nature and context of the policy violation as well as the developmental needs of the student found responsible. Stronger outcomes may be imposed for aggravated or repeated misconduct. Progressive sanctions are necessary when a student is found responsible for repeat violation of the same, or similar, code. All sanctions shall comply with the UNC Code.
Interim Actions When the Dean of Students (or designee) has reasonable cause to believe that a student(s) or student organization(s) may pose a risk to the safety or well-being of those involved or others in the University community, the student(s) or student organization(s) may be issued one or more interim actions. Interim actions may include but are not limited to: issuing a no contact order(s); restriction from specific facilities or locations; requirement to secure a psychological, or other personal, evaluation; cease and desist mandates; restriction from facilitating or participating in student organization business or activities;
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suspension of student status or student organization recognition, etc. An interim action shall remain in effect until removed or altered by the Dean of Students (or designee) or as the result of the student conduct hearing. 1. Interim Suspension Interim Suspension is issued to a student in writing via the Notice of Interim Suspension form. Interim Suspensions become effective immediately based upon evidence that the continued presence of the student on the campus may pose a significant threat of causing harm to others, when the student is unable to effectively function in residence areas and/or the University, or when the student’s behavior(s) significantly disrupts the educational pursuits and/or living environment of others. a. The University has authorized official representatives to make the administrative determination that the Interim Suspension of a student is necessary. Those officials are: i. Chief Student Affairs Officer/Vice Chancellor for Student Affairs ii. Dean of Students or iii. Designee. b. While operating under an Interim Suspension, the student may not be present anywhere on ECSU property pending further evaluation of the circumstances that led to the suspension and must abide by all specifications outlined in the Notice of Interim Suspension form. Upon notice the student must leave the campus no later than the time listed on the Notice of Interim Suspension form. Non-compliance will result in arrest for trespass and the student may be subject to additional actions in ECSU’s disciplinary process. c. A student placed on Interim Suspension may appeal within five (5) business days of the issuing of the Interim Suspension by submitting in writing their request to appeal the Interim Suspension (email is an acceptable form of formal written notice). The Interim Suspension will remain in effect pending the outcome of the appeal meeting. If the student does not appeal the interim suspension, or if the appeal is denied, the regular student conduct process shall proceed on the normal schedule.
NOTE: A Request for an Interim Suspension Appeal must be submitted within five (5) business days in order to grant a student an Appeal Meeting.
d. The purpose of the Interim Suspension Appeal meeting is to determine the following: i. The reliability of the information concerning the student’s conduct, including the matter of his/her identity. ii. Whether or not the student’s conduct and surrounding circumstances reasonably indicate any or all of the following:
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1. engages, or threatens to engage, in behavior(s) which poses a danger of causing harm to others; 2. exhibits behavior(s) that disrupt the functions of the residence halls and other areas of ECSU; 3. exhibits disruptive behavior(s) that significantly interferes with the educational pursuits and/or living environment of others. iii. The sanction(s) and/or condition(s) of the sanctions are extraordinarily disproportionate to the violation(s). e. The Dean of Students (or their designee) reserves the right to have another professional staff member present at the hearing in order to provide consultation. f. ECSU will make a reasonable effort to promptly schedule this hearing. Unless under unusual circumstances, the hearing will take place within five (5) business days from when the student requests for the Interim Suspension Appeal meeting. g. Following the Interim Suspension hearing, the Dean of Students, or designee, shall notify the student, within three (3) business days, whether the Interim Suspension has been lifted, or will continue pending the outcome of a disciplinary proceeding. The student will receive written notice of the charges against him/her. The disciplinary proceeding will comply with the procedures outlined in the Code of Conduct. h. An Interim Suspension, in and of itself, does become part of a student’s permanent disciplinary record. i. The Dean of Students, or designee, reserves the right to place a transcript hold on the account for a student who has been issued an Interim Suspension. j. Notification of the Interim Suspension will be provided to the Office of the Registrar, Financial Aid Office, and Office of the Assistant Vice Chancellor for Academic Affairs. k. A separate disciplinary proceeding will be scheduled to adjudicate the charges levied against the student.
2. Residence Hall Suspension/Expulsion The Dean of Students (or designee) may administratively suspend or expel any student from a residence hall who violates the Student Code of Conduct or engages in behavior that may threaten his/her life, others or property.
3. Removal of Privileges The Dean of Students (or designee) may limit a student’s participating in activities such as holding office, playing sports or other student related activities. This restriction applies but is not limited to members of the Student Government
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Association, athletes, resident advisors, Vikings Assisting New Students, members of the band, and members of fraternities and sororities. This policy also includes any student who represents the University in an ambassador capacity must relinquish his or her responsibilities during the probationary period.
4. Surrender of Student ID The Dean of Students (or designee) may require a student to surrender their Student ID immediately if it is determined that the student’s access to the university must be restricted.
5. No Trespass Order (Campus Ban) The Dean of Students (or designee) may issue a No Trespass Order prohibiting a student from being on campus for any reason, unless having obtained prior written approval from University Police. Without prior written approval from University Police, the presence of the student on campus will be considered a trespass violation and the student may be subject to arrest.
6. No-Contact Order The Dean of Students (or designee) may issue a University temporary no-contact order pending the outcome of any conduct proceeding or investigation.
7. Educational, governmental agencies or prospective employers may inquire about a student’s conduct history, specifically but not limited to, probations, suspensions, and dismissals with student approval.
8. The following sanctions, and others not listed here, as deemed educationally appropriate, may be imposed when any student is found responsible for a violation of University Policy:
a. Official Warning An official reprimand that is formally communicated by a letter to the student, group, organization - its advisers and members, giving notice and warning that any subsequent Student Code of Conduct violation will carry more serious sanctions. b. Restitution Appropriate reimbursement for a wrongful or negligent act which resulted in loss, damage, or actual expenses occurred by the University. c. Educational Assignments This sanction requires that the student complete an assigned task with the purpose of educating the student about the implications, effects, or dangers of their behavior. These assignments can include, but are not limited to work assignments, mandatory mentoring, restorative justice mediations, or
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other related discretionary assignments as provided by the hearing officer or hearing board. d. Area Restrictions is defined as exclusion of a student for a designated time period from a facility, such as the gym, residence halls, programs, and common university spaces. e. Exclusion from on campus Residency Defined as removing the student’s privilege to apply for/or live in a residential facility for a specified period of time. f. Residence Facility Relocation Removal of a student from his/her present room or from that residence facility and assigning that student to another room or another residence facility. This sanction includes considerations to housing availability and options g. No Contact Directive A no contact directive may be assigned in order to facilitate any University inquiry into an incident and/or be assigned as a sanction. Generally, no contact is defined as having no direct or indirect communication between two or more students at any time. This includes, but is not limited to, communication that is considered written, electronic, verbal, or physical. Written and electronic communication is understood to include all electronic means of communication. A no contact directive may include additional restrictions and terms. h. Parental Notification In certain circumstances, and to the extent allowed by law (FERPA), a student’s parent or guardian may be informed of the student’s infraction and relevant outcomes via in person or telephone conference and/or by copy of the student’s conduct records. i. Community Restitution is defined as assigned work in service to the university for a disciplinary violation. Community restitution requires completing a certain number of assigned work hours. The maximum hours that can be assigned is 100. The work must be supervised by an ECSU employee or approved by the Office of Student Affairs. j. Loss of Recognized Student Organization Status A loss of all privileges, including ECSU recognition as a student organization, for a specified period. k. Disciplinary Probation Sanction imposed for a definite or indefinite period, including probation with associated conditions or requirements – including periodic probationary meetings with the Office of the Dean of Students. Probation means that a student may remain at the University but may be required to
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satisfy specified conditions or requirements. All assigned conditions of sanction must be completed prior to the conclusion of disciplinary probation; otherwise the disciplinary probation will remain in effect.
Further violation of Prohibited Conduct may result in further disciplinary action up to and including disciplinary suspension or disciplinary expulsion. The sanction of probation prohibits graduation until the period of probation has ended and the student has complied with all requirements.
NOTE: The sanction of probation prohibits graduation until the period of probation has ended and the student has complied with all requirements.
Any student, who is on “disciplinary probation,” will not be allowed to run or hold office, participate in Greek organization intake activities and /or participate in step shows and other activities, or play on athletic teams during the term of the probation. This restriction applies but is not limited to members of the Student Government Association, athletes, resident advisors, Viking Assisting New Students, members of the band and members of fraternities and sororities. This policy also includes any student who represents the University in an ambassador capacity must relinquish his or her responsibilities during the probationary period. l. Residence Hall Expulsion Temporary or permanent separation of the student from the residence halls. Notification will be sent to the Office of the Registrar, Housing and Residence Life, Financial Aid Office, and Academic Affairs. m. Disciplinary Suspension Separation of the student from ECSU for a specific period of time, after which the student is eligible to return. The Dean of Students, or their designee, must make the final administrative determination in all suspension cases. . Conditions for readmission may be specified. At the discretion of the Dean of Students, or designee, a partial or comprehensive University trespass order will be placed in effect for the period of the suspension. A student must petition for reenrollment through the Office of the Dean of Students prior to return. Reenrollment will be determined by the Dean of Students. Notification will be sent to the Office of the Registrar, Financial Aid Office, and Academic Affairs. n. Disciplinary Expulsion Permanent separation of the student from the Elizabeth City State University and all other University of North Carolina institutions. At the discretion of the Associate Vice Chancellor for Student Affairs/Dean of Students or designee, a University trespass order goes into effect with the dismissal. Notification will be sent to the Office of the Registrar, Financial
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Aid Office, and Office of the Assistant Vice Chancellor for Academic Affairs.
9. Outcomes applied subsequent to a student conduct hearing go into effect immediately upon receipt of notice of those outcomes, whether notice was transmitted electronically or via hard copy. If a reasonable attempt has been made to notify the student of the outcome and associated sanction (email, phone, and/or in person) but the student has not indicated receipt of notice the outcome and associated sanction will still go into effect. Students are required to comply with the imposed outcomes until such time as they are complete or are altered by the resolution of an appeal process.
II. Records The following pertains to student records from student conduct matters involving ECSU undergraduate and graduate students. 1. Family Educational Rights and Privacy Act of 1974 Conduct case information is recorded and maintained by the Office of the Dean of Students – Student Conduct in compliance with the Family Educational Rights and Privacy Act of 1974 (FERPA). Generally, information contained in the Office of the Dean of Students files that personally identifies a student will not be released without the written and dated consent of the student identified in the record. However, disciplinary records may be shared with third parties to the extent allowed under FERPA. Victims of violence will be notified of the final disposition of the case to include the name of the Responding Party; the letter of the alleged violation committed; the findings supporting the conclusion; the sanctions imposed, if any; the duration of the sanctions; and the date the sanctions were imposed. a. The Division of Student Affairs – Office of the Dean of Students is the office of record for all conduct files pertaining to the ECSU Student Code of Conduct. Once a full completed Release of Information/Authorization Form is received, the Office of the Dean of Students will provide a scanned electronic copy of the requested file(s) to the student or a Dean’s Certification Form to the authorized e-mail address provided upon request within five (5) business days. For specific information on FERPA, please contact the Office of the Dean of Students.
2. Maintenance of Records The Office of the Dean of Students is the office of record for all conduct files pertaining to the ECSU Student Code of Conduct.
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a. Expulsion Records of students who have been expulsed will be retained in the Office of the Dean of Students permanently. b. Non-expulsion Records of students who have been expulsed will be retained in the Office of the Dean of Students and destroy after 8 years post the date of the closing of the case. c. Pending Cases & Incomplete Sanctions Records of students who have conduct cases that have not been adjudicated and/or where the student has not completed their assigned sanction allowing the case to be closed, will be kept in the Office of the Dean of Students indefinitely.
3. UNC Suspension/Expulsion Database Information about students who are suspended, expelled, or have serious pending cases is entered into a UNC database, where it is stored permanently. All UNC constituent institutions have access to this information.
4. Transcript Notation Conduct suspensions and expulsions will be permanently marked on the student's transcript. Transcripts will not be provided to students with pending conduct cases.
NOTE: Transcripts will not be provided to students with pending conduct cases.
5. Awarding of Degrees The University does not award degrees solely because a student successfully completed all academic requirements. Violations of the Student Code of Conduct, including academic and non-academic violations, might result in a degree not being awarded. When a student has a conduct case pending, the awarding of the degree might be delayed until the case is adjudicated and/or closed.
6. Withdrawal Students with a pending conduct case will not be permitted to withdraw from the University without first resolving the case or receiving permission from the Dean of Students to do so. Withdrawal from the University will not alter the student conduct process.
NOTE: Students with a pending conduct case will not be permitted to withdraw from the University.
7. Dean of Students Disciplinary Holds
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An administrative action to limit activity on a Student's University records and prevents the Student from completing the following University processes: pre- registration, registration, drop/add, withdrawal, graduation, receiving official transcripts, etc. A Dean of Students Disciplinary Hold may be applied to a Student's account to facilitate participation in the Student conduct process; to facilitate completion of sanctions; when interim action has been taken; or when a Student is suspended/expelled; etc. Dean of Student Disciplinary Holds can only be lifted by designated staff in the Office of the Dean of Students.
8. Administrative Withdrawal for Student Conduct Students who are suspended for violations of the ECSU Student Code of Conduct will be administratively withdrawn from their courses for the semester of the case outcome. An Involuntary Administrative Withdrawal for Student Conduct letter will be forwarded by the Dean of Students to the Registrar’s Office, Financial Aid, and Academic Affairs. Continual Enrollment: Students with a pending conduct case might be prohibited from future enrollment until the conduct matter is resolved by the University.
9. Readmission following Student Conduct Withdrawal Students who are suspended for violations of the ECSU Student Code of Conduct must be approved for readmission by the Vice Chancellor for Student Affairs, or their designee, before they are eligible to return. The student must submit, in writing, a request for readmission to the Vice Chancellor for Student Affairs. This request should show evidence that all conditions of the suspension have been satisfied/completed. The Vice Chancellor for Student Affairs will take into consideration the student’s conduct history, completion of the sanctions associated with the suspension, and any additional circumstances related to the student’s ability to successfully reenter and navigate the university. Students suspended for arrests related to felony or misdemeanor charges must provide documentation to show that their legal case has been adjudicated. A determination of readmission will be forwarded to the Registrar’s Office, Financial Aid, and Academic Affairs for action by the Vice Chancellor for Student Affairs Office. While the student may be cleared for readmission for a conduct related suspension they must still meet all academic and financial standards, as determined by the Office of the Registrar and Office of Financial Aid, for readmission to the university.
10. Release of Student Conduct Records (to student) A student wishing to receive a copy of their conduct record must complete and submit the Release of Information / Authorization Form to allow the Office of the Dean of Students to provide a copy of the requested conduct file(s) to the student.
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Please allow up to five business days to process this request as all documents must be redacted for identifiable information pertaining to other students.
11. Release of Student Conduct Records (to someone other than the student) Students wishing to release information pertaining to their conduct record must complete and submit the Release of Information/Authorization Form. The Dean’s Certification Form will be given in person or sent to the authorized e-mail address provided by the student. Please allow up to five business days to process this request as all documents must be redacted for identifiable information pertaining to other students.