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Office of the Dean of Students Student Conduct Process Jennie McNeilly, Associate Dean of Students

Office of the Dean of Students Student Conduct Process Jennie McNeilly, Associate Dean of Students. The Division of Student Affairs University of North Carolina Wilmington. Educational Philosophy. “Good people sometimes make poor choices…”. Basis of our Model Educational

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Office of the Dean of Students Student Conduct Process Jennie McNeilly, Associate Dean of Students

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  1. Office of the Dean of StudentsStudent Conduct ProcessJennie McNeilly, Associate Dean of Students The Division of Student Affairs University of North Carolina Wilmington

  2. 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

  3. 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.

  4. Student Responsibilities from UNCW Code of Student Life Participants in the student conduct process have the following responsibilities: • 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.

  5. 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

  6. Statistics2012-2013 • 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

  7. Code of the Board of Governorsof 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.

  8. Due Process From 700.4.1 • Substantive • “Notice and opportunity for a hearing” • Procedural • “the decision reached be neither arbitrary nor capricious…”

  9. Sanctions • Written reprimand • Disciplinary probation • CROSSROADS (Challenging Decisions & BASICS) • Community service • Educational assignments • Suspension • Expulsion

  10. Hearing Process & Appeals 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.

  11. 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

  12. 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:   • If the constituent institution has implemented a "Student  Honor Court" which is fully staffed by students to address such violations.  • For any allegation of "academic dishonesty" as defined by the constituent institution. “

  13. Licensed Attorneys & Non-Attorney Advocates “The institution shall assure that students have the capability to present their evidence and defenses at the hearings. The method for assuring this capability may vary depending on the nature of the case and on the nature of the representation of the institution or the charging party. Each institution must have a policy delineating the participation or prohibition of attorneys and non-attorney advocates. Representation or assistance by attorneys or non-attorney advocates at the hearing is neither required nor encouraged.” Addition to 700.4.1

  14. Licensed Attorneys & Non-Attorney Advocates “Students who have been accused of a violation of the Code of Student Life (respondents) may be represented by a licensed attorney or non-attorney advocate during any conduct hearing except when: • The allegation is academic dishonesty. A respondent who elects not to appear at a hearing may not be represented by a licensed attorney or non-attorney advocate at the hearing.” from UNCW Code of Student Life

  15. 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 pre-hearing: • 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

  16. 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

  17. 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.

  18. Questions & Discussion

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