Click here for the Student Resource Folder

II-3 CAMPUS JUDICIAL BOARD

A. CAMPUS JUDICIAL BOARD

1. When a student requests a regular hearing before CJB or when a case is referred automatically by the Dean of Students or designee, CJB becomes involved. CJB is a Chancellor appointed board composed of eight members. The Vice Chancellor for Student Affairs or designee serves as the advisor to CJB. The members are:

a. Six students recommended by the Student Senate and appointed by the Chancellor.

b. Two faculty members recommended by the Faculty Senate chairperson and appointed by the Chancellor.

2. The Chairperson and Vice-Chairperson of CJB shall be appointed by the Chancellor.

3. Quorum -A quorum shall consist of four student members and one faculty member. During summer sessions a quorum shall consist of three students and one faculty member.

4. Selection

a. The students recommended by Student Senate for appointment to CJB are selected through a campus wide application process.

b. CJB members will be appointed by June 1 st each year. Members serve a one-year term.

c. Vacancies occurring during the course of the year will be filled by the Chancellor.

d. Members of CJB become active members only after they have been trained by the Office of the Dean of Students.

5. Jurisdiction of CJB

a. CJB has appellate power to review decisions of disciplinary bodies and of the Dean of Students or designee with authority to lessen but not increase the sanction imposed or recommended by other bodies. CJB may refer a case to the original hearing body for a rehearing.

b. CJB may have, at the request of the student, original jurisdiction in disciplinary cases.

B. PROCEDURAL STANDARDS FOR CJB CASES

1. All matters upon which the decision may be based must be introduced into evidence at the hearing before CJB. The decision shall be based solely upon such matters and must be supported by the evidence. Any student charged with an infraction under this Code shall be presumed not responsible until proven responsible by a preponderance of the evidence (See Section II-2-C).

2. All evidence will be admitted except that which is irrelevant or repetitious or which is obtained in violation of the search-and-entry provisions appearing in Section IV-H-1and H-2. CJB will be the sole judge of admissibility of evidence of this Code .

3. CJB records are maintained in the Office of the Dean of Students and are confidential and may be released only with the consent of the student involved. A written record of the proceedings and action taken will be filed with CJB.

4. No member of the hearing body who has a personal interest in the particular case may sit in judgment during the proceeding. If a member refuses to recuse him/herself due to a conflict of interest, the Dean of Students or designee will make the recusal decision. The accused student will also be given the opportunity to challenge a committee member or official on these grounds. The decision on the challenge will be made by CJB or Dean/designee within five calendar days. In such cases in which a member cannot serve due to a conflict of interest, a temporary member may be appointed by the Chancellor to serve for the duration of the hearing.

C. HEARINGS BEFORE CJB

1. Prior to a hearing, the charged student is entitled to:

a. A written notice of the charge(s) and an outline of rights. In the event that additional charges are brought, further written notice must be forwarded to the student. These notices are sent pursuant to Section II-2-A.

b. Review all available information, documents, exhibits and a list of witnesses that may testify against him/her. This is a continuing obligation of the complaining party and the Dean of Students or designee.

c. Choose between an administrative or CJB hearing.

d. Be assisted by an advisor from within the university community. The advisor upon request of the student may:

1. Advise the student concerning the preparation and presentation of his/her case. The advisor may not speak for the student except in exceptional circumstances at the discretion of the chair.

2. Accompany the student to all judicial proceedings.

3. Have access to all materials relating to the case.

e. A written notice of time, place and format of the hearing forwarded to the accused at least five class days prior to the hearing, unless the student waives all or part of the notice. The formal hearing will not be held less than five class days from the date of the original charge letter, unless the student charged waives the limit.

f. Prior to a hearing in cases which may involve suspension or indefinite suspension, the charged student is entitled to a written notice of the charge including possible sanctions, review of all available information, documents, exhibits, a list of witnesses that may testify against him/her and an outline of rights. This notice will be sent via certified mail (pursuant to Section II-2-D-5).

g. For all charged offenses which could result in expulsion, written notice will include the possible sanction, review of all available information, documents, exhibits, a list of witnesses that may testify against him/her and an outline of rights. This notice will specify that expulsion precludes matriculation at any UNC constituent institution and will be sent via certified mail (pursuant to Section II-2-D-5).

h. In cases that may result in suspension, indefinite suspension or expulsion, the formal hearing date will be scheduled no less than ten (10) calendar days after the student receives notice of the referral, unless the student waives the limit and agrees to an earlier hearing date. Waivers are voluntary and must be in writing and signed by the student and the Dean or designee. Reasonable extensions of time for either party to prepare for the hearing will be allowed.

i. A pre-hearing interview with the Dean of Students or designee where all these rights, responsibilities and procedures are explained.

2. Duties of the CJB -In those cases in which the charged student disputes the facts upon which the charges are based, such charges shall be heard and determined by CJB. CJB will:

a. Determine that the Dean or designee has satisfactorily performed the requirements of Section II-3-C-3.

b. Rule on the admissibility of evidence, motions and objections to procedures; render a written decision as to the charged student's responsibility for the charges; set forth finding of fact, determine the penalty if any; and provide the Dean and student with the copy of the decision.

3. Duties of the Dean of Students -The Dean or designee shall:

a. Consult CJB in setting the date, time and place for the hearing.

b. Assist CJB in summoning witnesses and preparing evidence that is requested by CJB.

c. Notify the student by letter of the date, time and place for the hearing. The Dean or designee shall send the letter pursuant to Section II-2-A. If the student charged is an unemancipated minor (under 18 years of age), a copy of the letter may be sent to his/her parent or guardian. The letter shall specify a hearing date not less than five class days after the official notice is placed in the university post office box. In cases that may result in suspension, indefinite suspension or expulsion, the formal hearing date will be scheduled no less than ten (10) calendar days after the student receives notice of the referral. A student may request in writing that an earlier date be set, if feasible. Reasonable extensions of time for either party to prepare for the hearing will be allowed. CJB, for good cause, may postpone the hearing and notify all interested persons of the new hearing date, time and place.

d. A letter mailed under Part 3 shall:

1. Direct the student charged to appear at a date, time and place specified.

2. Advise the student of his/her rights:

a. To appear in person, hear all testimony, and present any relevant information on his/her behalf, call witnesses, ask questions of any person present at the hearing.

b. To elect not to appear at the hearing. The hearing then shall be conducted in the student's absence.

c. To be assisted by an advisor from within the university.

d. To refuse to answer any questions or make a statement, however, the hearing authority then shall make its decision solely on the basis of information introduced at the hearing.

e. To be responsible only upon a finding that is based on the information introduced at the hearing.

f. To know the identity of witnesses who will testify against him/her.

g. To question each witness who will testify against him/her for the purpose of clarification.

h. 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.

i. 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. Witnesses (except for the charged student) shall be present during the hearing only during the time they are testifying. 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.

j. To have a summary of the hearing record.

k. To appeal as outlined in Section II-3-D.

3. Contain the name of the person appointed to act as chairperson of CJB.

4. 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.

5. Contain a copy of the complaint.

6. Notify the charged student that the Dean or designee may question a student testifying in the charged student's behalf or question the charged student if he/she testifies in his/her own behalf.

4. If a student fails, without good cause, to comply with the letter sent under this section, CJB may proceed with the hearing in the student's absence, as has been outlined previously.

5. Hearing Procedure -- CJB shall proceed generally as follows during the hearing:

a. CJB states the hearing is closed to the public.

b. The chairperson of CJB reads a complaint and informs the student charged of his/her rights as listed in Section II-3-C, and asks the student whether he/she pleads responsible or not responsible to the charge or charges before CJB.

c. The Dean or designee presents the university's case.

d. The student presents his/her defense.

e. The Dean or designee and the charged student present rebuttal evidence and arguments.

f. CJB deliberates and decides the issue of responsibility or non-responsibility.

g. If CJB finds the student charged responsible, the Dean or designee and student charged may present evidence and argument on an appropriate sanction.

h. CJB deliberates and determines an appropriate sanction.

i. CJB renders a written decision as to the charged student's responsibility or non-responsibility of charges. The decision states the sanction, if any, and procedures for appeal. The charged student and Dean of Students or designee shall each be given a copy of the decision. A final administrative decision will normally be determined immediately but must be determined within ten (10) class days after the date of the hearing. The final decision, containing a brief summary of the evidence, will be presented to the student in writing within five class days.

6. Hearing Record -the hearing record is confidential and consists of:

a. A copy of the notice forwarded to the student.

b. A written summary of the hearing together with all documentary and other evidence offered or admitted in evidence.

c. Written motions, pleas and any other material considered by CJB.

d. The decision of CJB.

D. APPEAL OF A CAMPUS JUDICIAL BOARD DECISION

In the event a charged student disagrees with a finding of responsible or sanction of CJB, the charged student may request an appeal to the Chancellor within forty-eight (48) hours after notification of the decision. Original sanctions (except summary suspension) are normally put into effect only after the Chancellor makes a decision.

1. Procedure

a. The function of the Chancellor in hearing an appeal is that of reviewing the action of CJB to determine if:

(1) An alleged violation of the rights guaranteed the charged student (see Section II-3) has occurred;

(2) The sanction is too severe for the violation;

(3) New evidence has developed which has bearing on the verdict.

b. The Chancellor shall receive the petition from a student choosing to appeal the decision of CJB. Such petition shall be submitted in writing to the Chancellor through the Vice Chancellor for Student Affairs explaining in detail the reasons for the student's appeal and specifying the ways in which he/she believes the procedures or actions of CJB have violated the standards outlined in Section II-3.

c. Upon receiving a petition, the Chancellor shall obtain the record of CJB. Such record shall include relevant documents and a written statement by CJB. Such statement shall summarize the case and the reasons supporting the disciplinary decision.

d. With this information, the Chancellor, or in his/her absence the Vice Chancellor for Student Affairs, shall decide whether an appeal hearing is warranted. This decision is based on the three options for an appeal outlined in Part 1-a above. He/she shall notify the petitioner in writing of his/her decision within seven (7) days after receiving the student's petition.

e. If the Chancellor, or in his/her absence the Vice Chancellor for Student Affairs, determines that a hearing shall be granted, that hearing shall be held within seven (7) days of such determination and notification shall be given in writing at least three (3) days prior to the date set for the hearing, specifying time and place of the hearing and informing the student of his/her rights as outlined in Section II-3-C.

f. The Chancellor shall invite the appellant and other persons as he/she deems appropriate to appear before him/her to make statements and respond to questions. The student may request the Chancellor to invite persons to testify if there is new evidence.