Instrument of
STUDENT JUDICIAL
GOVERNANCE
Amended July 25, 2017
The University of North Carolina at Chapel Hill
The
THE INSTRUMENT IS SUBJECT TO CHANGE
3 Preamble
4 Responsibility of Students, Faculty, and Administrative Personnel
5 Offenses Under the Honor Code
5 Academic Dishonesty
6 Student Conduct Adversely Aecting the University Community or the University
6 Conduct Affecting Persons
8 Conduct Affecting Property
8 Conduct Affecting the Integrity of the University
9 Group Offenses
9 Students Acting in Capacity of University Instructors or Employees
9 Sanctions
10 Available Sanctions: Individuals
10 Academic Sanctions
11 Conduct Sanctions
12 Penalties of Record
13 Additional Sanctions: Group Violations
14 Gravity of Offenses
16 Administration of Sanctions
17 Procedural Rights of Students and Complainants
18 Rights of the Complainant
19 Additional Student Rights
19 Honor System Officers, Responsibilities, and Structures
TABLE of CONTENTS
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20 Office of the Undergraduate Honor Court
23 Graduate and Professional Honor System
24 Faculty Honor System Advisory Committee
26 Committee on Student Conduct
27 Operational Procedures
27 Amendments
28 Appendix A
28 Expanded Statement of Commitment by Students and Faculty
30 Appendix B
30 Faculty Responsibilities in Relation to the Honor Code
33 Appendix C
33 Operating Procedures for the Honor System
40 Expedited Hearing Panels
41 Honor Court Alternative Resolution
41 Large Scale Cases
42 Appeals
44 Petition for Further Review by the Chancellor
47 Appendix D
47 Student Rights of Privacy and Free Expression
48 Medical Records
48 Maintenance of Disciplinary Records
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I. PREAMBLE
is Instrument of Student Judicial Governance for the University of North Carolina
at Chapel Hill (“Instrument”) is adopted in furtherance of the University community’s
shared commitment to the pursuit of truth, and the dissemination of knowledge
to succeeding generations of citizens devoted to the high ideals of personal honor
and respect for the rights of others. ese goals can only be achieved in a setting in
which intellectual honesty and personal integrity are highly valued; other individuals
are trusted, respected, and fairly treated; and the responsibility for articulating and
maintaining high standards is widely shared.
A. Premises. is Instrument, including the Honor Code and the stated means for its
enforcement, is adopted based on the following premises:
1. Students’ Commitment. Ideals of academic honesty, personal integrity, and
responsible citizenship are essential to the performance of all academic work
and all other activities of students while members of the University community.
ese ideals are embodied in the Honor Code set forth in this Instrument, with
the support of students, faculty, and sta. Application by a student for admission
and subsequent enrollment in the University presupposes a commitment to the
principles embodied in the Honor Code. Such action also represents consent to be
bound by its terms at any time between a student’s application for enrollment and
the granting of the student’s degree or other termination of enrollment, including
the period between academic semesters.
2. University Interests. In keeping with its nature and purpose, the University
endeavors to instill in each student a love of learning, a commitment to fair and
honorable conduct, and respect for the safety and welfare of others. It also strives
to protect the community from those who, for whatever reason, do not embody
these values in their conduct, and to protect the integrity of the University and its
property for the benet of all.
Effective September 18, 2017
The University of North Carolina at Chapel Hill
Instrument of
STUDENT JUDICIAL
GOVERNANCE
The
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3. Educational and Other Activities. e activities of students, as well as other
members of the University community outside the classroom, inuence the
educational process and learning environment, just as the intellectual atmosphere
of the campus contributes to students’ growth and development. Many forms of
nonacademic conduct, as well as all facets of the academic process, are therefore
areas of proper concern and regulation by the University community.
4. Responsible Exercise of Freedom. e guiding principle of University regulation
of conduct should be that of the responsible exercise of freedom. Members of the
University community should be accorded the greatest possible degree of self-
determination correlative with the acceptance of the full responsibility for their
conduct and the consequences of their actions.
5. Chancellor’s Responsibilities. e Chancellor remains solely responsible for all
matters of student discipline, in accordance with the expectations of the Board of
Governors of the University of North Carolina. Nevertheless, the Chancellor has
traditionally shared the responsibility of setting basic policy concerning student
conduct and applying overarching requirements in individual cases with students
and the faculty in order to achieve the University’s underlying goals.
6. University and Broader Community. e University has a special interest in
assuring that students refrain from academic misconduct, respect the safety and
welfare of members of the University community, and protect its institutional
integrity and resources. e standards for student conduct and the means of
enforcement set forth in this Instrument are adopted in furtherance of University
interests and serve to supplement, rather than substitute for the enforcement of
the civil and criminal law applicable at large. erefore it is not double jeopardy
for the University to sanction conduct that is also sanctioned under local, state or
federal law.
B. Allocation of Responsibility between Faculty, Students, and Administrative Personnel
1. Responsibilities of Students and Faculty. In order to ensure eective functioning
of an honor system worthy of respect in this institution, specic responsibilities
of students are set forth in this Instrument and elaborated upon in Appendix A.
Responsibilities of faculty members are articulated by the Faculty Council and
embodied in Appendix B. ese responsibilities are the minimum expected of
members of the student body and the faculty. ey are not mutually exclusive, and
the failure of a student or a faculty member to live up to the stated expectations does
not lessen or excuse any failure of the other to comply with relevant requirements.
2. Location of Conduct and Reservation of Discretion. Conduct by students on
University premises or the premises of groups aliated with the University, as
well as conduct that occurs elsewhere, may give rise to oenses prohibited by this
Instrument if University interests are implicated. 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. Determinations of
whether such conduct should be addressed pursuant to this Instrument in instances
in which University interests are implicated are reserved to the discretion of the
Student Attorney General and campus authorities with associated responsibilities.
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II. OFFENSES UNDER THE HONOR CODE
A. General Responsibilities. It shall be the responsibility of every student at the
University of North Carolina at Chapel Hill to:
1. Obey and support the enforcement of the Honor Code;
2. Refrain from lying, cheating, or stealing;
3. Conduct themselves so as not to impair signicantly the welfare or the educational
opportunities of others in the University community; and
4. Refrain from conduct that impairs or may impair the capacity of University and
associated personnel to perform their duties, manage resources, protect the safety
and welfare of members of the University community, and maintain the integrity
of the University.
Oenses proscribed by this section include, but shall not be limited to, those set out in
Sections II.B. and II.C. Additional guidance concerning the interpretation of Section
II of this Instrument may from time to time be issued by the Committee on Student
Conduct as provided in Section V.E.
B. Academic Dishonesty. It shall be the responsibility of every student enrolled at
the University of North Carolina to support the principles of academic integrity
and to refrain from all forms of academic dishonesty including, but not limited
to, the following:
1. Plagiarism in the form of deliberate or reckless representation of another’s words,
thoughts, or ideas as one’s own without attribution in connection with submission
of academic work, whether graded or otherwise.
2. Falsication, fabrication, or misrepresentation of data, other information,
or citations in connection with an academic assignment, whether graded or
otherwise.
3. Unauthorized assistance or unauthorized collaboration in connection with
academic work, whether graded or otherwise.
3. Action Outside of this Instrume nt. is Instrument is intended to govern
the means for imposing disciplinary sanctions on any student for conduct
covered under its terms, except to the extent other forms of redress or action
are recognized herein. Such forms of redress include civil and criminal law as
previously referenced; authority reserved to the Chancellor pursuant to policies
established by the Board of Governors or Board of Trustees; and authority
assigned by the Chancellor to particular administrative units (such as the
Department of Transportation and Parking Services, Department of Housing and
Residential Education or the University Cashier) or other appropriate authorities
responsible for addressing emergency situations involving danger to members of
the University community or other extraordinary circumstances.
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4. Cheating, in the form of gaining or attempting to gain an undue advantage on
examinations or other academic work, whether graded or otherwise, including but
not limited to the following:
a. Using unauthorized materials and methods (notes, books, electronic information,
telephonic or other forms of electronic communication, or other sources or
methods), or
b. Representing another’s work as one’s own.
5. Violating procedures pertaining to the academic process, including but not
limited to the following:
a. Violating or subverting requirements governing administration of examinations or
other academic assignments;
b. Compromising the security of examinations or academic assignments;
c. Submitting an assignment that is the same as or substantially similar to one’s own
previously submitted work(s) without explicit authorization of the instructor; or
d. Engaging in other actions that compromise the integrity of the grading or
evaluation process.
6. Deliberately furnishing false information to members of the University
community in connection with their eorts to prevent, investigate, or enforce
University requirements regarding academic dishonesty.
7. Forging, falsifying, or misusing University documents, records, identication
cards, computers, or other resources so as to violate requirements regarding
academic dishonesty.
8. Violating other University policies that are designed to assure that academic
work conforms to requirements relating to academic integrity.
9. Assisting or aiding another to engage in acts of academic dishonesty prohibited by
Section II.B.
C. Student Conduct Adversely Affecting Members of the University Community
or the University. It shall be the responsibility of every student enrolled at
the University of North Carolina to refrain from conduct that impairs or may
impair the right of all members of the University community to learn and
thrive in a safe and respectful environment; or the capacity of University and
associated personnel to perform their duties, manage resources, protect the
safety and welfare of members of the University community, and maintain the
integrity of the University. To these ends, no student or student group shall
engage in conduct, or assist another in conduct, that adversely affects or creates
a substantial risk of adversely affecting University interests including but not
limited to the following:
1. Conduct Aecting Persons
a. Fighting or other conduct that unreasonably endangers or inicts physical injury
upon another.
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b. reats that involve violation of restraining orders or no-contact orders imposed
by government or campus authorities, stalking, or other activities that create a
reasonable apprehension of physical or emotional harm to an individual following a
request or order to desist.
c. [Eective May 11, 2015, this provision is reserved for future codication.]
d. Hazing that causes or permits an individual, with or without consent, to engage in
activities that subject that individual or others to risks of physical injury, mental
distress, or personal indignities of a highly oensive nature, in connection with
recruitment, initiation, or continued membership in a society, fraternity or sorority,
club, or similar organized group, whether or not recognized by the University.
e. Possessing or carrying any weapon or dangerous substance, whether openly or
concealed, unless expressly authorized by University policies.
f. Operating a motor vehicle:
i. while impaired by alcohol, drugs, or other substances, and/or
ii. in a reckless manner so as to create a significant threat to members of the
University community.
g. Engaging in disorderly, obscene, or recklessly dangerous conduct aecting
University interests, students or other personnel.
h. Controlled Substances:
a. Illegally using, possessing, manufacturing, selling, or delivering a controlled
substance as defined by state or federal laws or applicable policies of the Board
of Trustees or Board of Governors; or
b. Illegally possessing with intent to manufacture, sell, or deliver a controlled
substance as dened by state or federal laws or applicable policies of the Board of
Trustees or Board of Governors.
i. Engaging in violent, forceful, threatening, intimidating, or disruptive conduct,
or inciting others to engage in such individual or collective conduct, that willfully
disrupts any normal operation, function, or activity of the University or any of its
organizations, personnel, or guests.
j. Engaging in conduct, or inciting others to engage in conduct that improperly
restrains freedom of movement, speech, assembly, or access to premises or
activities by any individual who is a member of the University community or guest
of the University or of any of its organizations in connection with that individual’s
performance of legitimate activities or duties within or at the University.
k. Engaging in conduct within a University classroom that substantially disrupts
the academic environment.
l. Misrepresenting oneself as another or otherwise adversely interfering with their
credit, academic standing, privacy or personal information.
m. Misusing, removing, tampering with, or otherwise making less eective,
equipment (including but not limited to, re extinguishers, re alarms, smoke
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detectors, and emergency call boxes) intended for use in improving or protecting
the safety of members of the University community, either on University premises
or on the premises of a student organization ocially recognized by the University.
n. Assisting or aiding another to engage in acts prohibited by Section II.C.1. of
this Instrument.
2. Conduct Aecting Property
a. Stealing, destroying, damaging, or misusing property belonging to the University
or another individual or entity.
b. Violating University policies regarding use or management of resources
including but not limited to computers, electronic resources, library resources,
equipment, or supplies.
c. Forging, falsifying, or misusing documents, records, identication cards,
computers, data, library materials, or other resources created, maintained, or used
by the University or members of the University community.
d. Trespassing upon housing units, oces, classrooms, laboratories, or other facilities or
unauthorized intrusion into electronic records owned or managed by the University,
an aliated organization, or another member of the University community.
e. Assisting or aiding another to engage in acts prohibited by Section II.C.2. of
this Instrument.
3. Conduct Aecting the Integrity of the University
a. Knowingly abusing a position of trust or responsibility within the University community.
b. Disregarding the Honor Code or interfering with the judicial procedures
established under this Instrument by refusing to identify oneself to a University
ocial in pursuit of their duty, refusal to appear before University ocials or
disciplinary bodies when directed to do so, or lying to the Honor Court or judicial
ocials in the discharge of their duties.
c. Violating the terms of disciplinary proceedings or of any sanction imposed
pursuant to such proceedings.
d. Using the name of the University or the names of members or organizations in the
University community without authorization.
e. Knowingly misrepresenting academic standing, performance, or
accomplishments to members of the University community or others in order to
gain an undue advantage.
f. Knowingly violating ocially adopted University policies designed to protect the
integrity and welfare of the University and members of the campus community.
g. Deliberately furnishing false or misleading information to University personnel
acting in the exercise of their ocial duties.
h. Assisting or aiding another to engage in acts prohibited by Section II.C.3. of
this Instrument.
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4. Group Oenses. Societies, clubs, or similar organized groups in or recognized by
the University are subject to the same standards as are individual members of the
University community. e commission of any oense within this section by such
a group or its members acting in concert, or the failure of such a group to exercise
preventive measures relative to violations of the Honor Code by its members
shall constitute a group oense that may be sanctioned in addition to sanctions
imposed for oenses by individual students.
D. Application to Students Acting in Capacity of University Instructors or
Employees. Where conduct prohibited by provisions of Section II involves a
student acting in the capacity of University instructor or employee, such conduct
may be addressed under pertinent University policies such as those relating to
sexual misconduct, discrimination, harassment, falsification of information, or
misuse of University resources, rather than under this Instrument, if handling
under such applicable University policies is deemed to be more appropriate by
responsible University officials in their sole discretion.
III. SANCTIONS
A. Guiding Principles. In keeping with the University’s central mission, students who
have violated the Honor Code should learn to take responsibility and learn from
their mistakes. Student educational development should therefore play a central
role in the development and imposition of sanctions pursuant to this Instrument.
e imposition of sanctions should concern the shared interest of students, faculty,
sta, and the greater University in academic integrity, maintenance of a safe and
respectful environment conducive to learning, the protection of the University
community, and protection of other University interests.
1. Relevant Factors. e Honor Court shall take into account the following factors
in imposing sanctions:
a. e gravity of the oense in question including, but not limited to: intent and
deliberation involved in committing the oense; implications for other members of
the campus community; and University interests impacted by the oense.
b. e value of learning through experience so as to develop a greater sense of
responsibility for one’s actions and consequences to others, including, but not limited
to: demonstrated sense of responsibility; demonstrated respect for the importance of
academic and/or personal integrity; existence of plans to correct the oense and/or
prevent future oenses; and any relevant recurring patterns of misconduct.
c. e importance of equitable treatment for similar oenses including the
minimum and usual sanctions and sanctioning guidelines established in Section III
of this Instrument.
d. Other compelling circumstances. In some cases, it is appropriate for the Honor
Court to consider other factors that would render a sanction unduly punitive,
including, but not limited, to, extraordinary personal circumstances of the student;
the educational goals of the University; and University interests in a student’s
participation in the campus community.
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2. Instructor Recommendations. In cases charged under Section II.B. of this
Instrument, the course instructor’s grade recommendation is binding upon the
Honor Court. Instructors are encouraged to consult with relevant Honor System
personnel and the sanctioning guidelines in Section III.D. when deciding a grade
recommendation. If the instructor declines to make a grade recommendation or
is otherwise unable to do so, the Honor Court shall select the grade penalty from
within those available under Section III.B.1.a. of this Instrument.
3. Flexibility and Available Sanctions. e Honor Court may impose any
combination of the available sanctions outlined in Sections III.B. or III.C., as well
as other sanctions it deems appropriate, provided that the sanctions not conict
with other provisions of this Instrument.
4. e Importance of Honesty. e Honor Code values the importance of honesty
within the University community. If the Honor Court, or any member of the Honor
System sta, believes that a student has furnished false information in connection
with any and all Honor System proceedings, the matter will be referred to the
applicable Student Attorney General, who may charge the student with an additional
violation under Section II.C.3.g. or Section II.B.6. of this Instrument.
B. Available Sanctions: Individuals. The following sanctions alone or in
combination may be imposed in connection with offenses under this Instrument:
1. Academic Sanctions including but not limited to the following:
a. Failing Grade.
i. “XF” Grade. Receipt of a failing grade in the course designated as an “XF”
grade on the student’s transcript. Any failing grade in a course that results
from academic misconduct shall be designated as an “XF”. No sooner than one
full semester following assignment of the “XF”, a student may petition to have
the “X” notation removed from their transcript and the grade converted to an
“F”. The student’s petition shall indicate satisfactory completion of a course of
study or other educational requirement focusing on academic integrity and
approved, in advance, by the Office of Student Conduct in coordination with
the Committee on Student Conduct. A student need not be registered in classes
in order to petition to have the “X” designation removed. The “X” designation
may not be removed from any future “XF” grade received after the first.
ii. Other Failing Grade. Receipt of a failing grade in a component or aspect of a
course or on an assignment.
b. Educational Assignment. Satisfactory completion of an additional educational
assignment, course, or program with or without credit.
c. Other Requirements. Other requirements or conditions designed to assure that
prior academic misconduct is remedied and does not recur in the future.
d. Implications for Academic Retention of Graduate or Professional School
Students. In the case of graduate or professional school students, the imposition
of an academic sanction in the form of a failing grade in a course shall not in
itself be grounds for terminating the aected student’s enrollment in the academic
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program in which the student is enrolled, except when the pertinent academic
authorities independently determine that such termination is warranted pursuant
to pertinent academic rules and requirements.
2. Conduct Sanctions including but not limited to the following:
a. Drug or Alcohol Suspension including completion of a drug or alcohol education
and counseling program, participation in specied forms of community service, and
acceptance of such other conditions and requirements as shall be approved by the
Judicial Programs Ocer.
b. Drug or Alcohol Probation including completion of a drug or alcohol education
and counseling program, participation in specied forms of community service, and
acceptance of such other conditions and requirements as shall be approved by the
Judicial Programs Ocer. A refusal or failure to comply with the terms of a drug
or alcohol program, as determined by the Vice Chancellor for Student Aairs, will
result in suspension for the unexpired term of the probation.
c. Behavior Management. Completion of projects, programs, or requirements designed
to help the student manage behavior and understand why it was inappropriate.
d. “No Contact” Orders. Compliance with orders of no contact that limit access to
specic university areas or forms of contact with particular persons.
e. Community Service. Completion of up to 60 hours of community service over
a period not to exceed twelve weeks under guidelines established by the Judicial
Programs Ocer.
f. Restitution. Where applicable, payment of restitution in an amount determined by the
hearing board and paid under guidelines established by the Judicial Programs Ocer.
g. Other Requirements. Where applicable, taking necessary steps to inform aected
parties, correct misrepresentations, or otherwise remedy the eects of misconduct.
3. Loss of privileges including but not limited to those relating to the following:
a. Participation on or in:
i. Athletic teams (including intramural teams) as a member, coach, or manager;
ii. Activities or organizations sponsored by or representing the University;
iii. Recruitment of new members, induction in, or continuing membership in any
student organization (including but not limited to sororities or fraternities).
b. Attendance at campus events or sports activities.
c. Use of University facilities or resources including but not limited to the following:
i. Parking an automobile or driving an automobile on campus;
ii. Residing in University residence units;
iii. Using privileges relating to information technology, computers, or telecommunications.
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d. Representation of the University or its aliated organizations as a tour guide,
intern, researcher, or otherwise.
e. Receipt of special recognition or distinction including but not limited to the
following:
i. Any award, prize or other recognition bestowed by the University;
ii. A fellowship or assistantship that permits the student to act on behalf of the
University (including a teaching position or resident assistantship, but not
forms of financial aid based on need or merit).
4. Penalties of Record that are reected both on a student’s academic transcript
(during the period they remain in eect) and in a student’s disciplinary records
provided under governing policies, including the following:
a. Disciplinary Probation for a denite or indenite period, including probation
with associated conditions or requirements. Probation means that a student may
remain at the University but may be required to satisfy specied conditions or
requirements, report regularly to the Judicial Programs Ocer, and be barred from
holding any oce or participating in any activity in which the student represents the
University or University-recognized student organizations either within or outside
the University community. e sanction of probation prohibits graduation until the
period of probation has ended and the student has complied with all requirements
as established by the Honor Court and the Judicial Programs Ocer.
b. Disciplinary Suspension including the following forms of suspension with
associated conditions or requirements:
i. Suspension for a Definite or Indefinite Period means that the student is
removed from good standing and must leave the University for a definite or
indefinite period. Suspension anticipates that the student may eventually return
if applicable conditions are satisfied. Academic work completed at another
institution during a period in which a student is under suspension from the
University may not be transferred toward the degree, but applicable health care
or insurance benefits may be continued.
ii. Permanent Suspension from the University of North Carolina at Chapel
Hill means that the student is removed from good standing and must leave the
University permanently without an expectation that the student may eventually
return to the Chapel Hill campus. A student permanently suspended from
the campus is not barred from seeking admission to another UNC system
university, if that university wishes to permit such application following
disclosure of the student’s disciplinary record at UNC-Chapel Hill. Permanent
suspension may only be imposed with the concurrence of the Chancellor
and will remain in effect until the Chancellor who imposed or approved the
sanction or the Chancellor’s successor concludes on the basis of the former
student’s petition and any supportive documentation that the individual should
be given a new opportunity to pursue higher education at UNC-Chapel Hill.
c. Expulsion if approved by the Chancellor. Expulsion means that a student is
removed from the University permanently and may not be admitted to any UNC
system university, unless and until the Chancellor who imposed or approved the
sanction or the Chancellor’s successor concludes on the basis of the former student’s
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petition and any supportive documentation that the individual should be given a
new opportunity to pursue higher education within the UNC system.
5. Written warning in the form of an ocial reprimand that is formally
communicated by a letter giving the student notice that any subsequent Honor
Code violation will carry more serious sanctions.
C. Additional Sanctions: Group Violations. In addition to the imposition of
sanctions on individual students, where appropriate, the following group
sanctions may be imposed in connection with violations of this Instrument:
1. Written warning in the form of an ocial reprimand that is formally
communicated by a letter to the group, its advisers and members, giving notice and
warning that any subsequent Honor Code violation will carry more serious sanctions.
2. Conduct sanctions including but not limited to the following:
a. Educational activities such as presentations or completion of projects, programs or
requirements designed to understand the nature and implications of the misconduct
and prevent similar misconduct from arising in the future.
b. Community service such as completion of specied service programs or projects on
or o campus within a specied period.
c. Payment of restitution, if applicable.
d. Other requirements. Where applicable, taking necessary steps to inform aected
parties, remedy the eects of misconduct, prevent similar conduct from arising in
the future, or comply with other requirements or conditions.
3. Loss of group privileges including but not limited to the following:
a. Activity restrictions prohibiting the group from sponsoring any organized social
activity, party, or function for a specied period of not less than four weeks of a
regular academic term, or otherwise limiting group activities (other than seeking
and adding members) for a specied period.
b. Restrictions on participation in intramural competitions or other activities or
events sponsored by the University or University aliated organizations.
c. Restrictions on use of University facilities for meetings or other activities.
d. Loss of such other privileges as deemed appropriate to deter future misconduct.
4. Sanctions Aecting Group Status or Charter. e following sanctions may
be imposed:
a. Group probation, which restricts group activities and privileges (other than seeking
and adding members) for a specied period of time, upon pain of immediate restriction
or revocation of the group’s charter or status as a University-aliated or recognized
organization in the event of repeated violations during the period of the sanction.
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b. Restricted status, which restricts a group’s charter, temporarily removes a group’s
status as recognized or aliated with the University, or imposes related restrictions
on recruitment or addition of members, sponsoring or conducting events in the
University community, or enjoyment of privileges other than the right to continue
to occupy or hold property for a period of one semester in addition to the semester
in which the oense occurred.
c. Revocation of group charter or aliation including permanent removal of
University recognition for the group in question, if approved by the Chancellor.
D. Gravity of Offenses
1. Usual and Minimum Sanctions. In determining the appropriate sanction to be
imposed in individual cases, consideration shall be given to usual and minimum
sanctions specied in this section as well. For purposes of this Instrument,
“usual” sanctions are those that are to be applied in individual cases except to the
extent that relevant factors listed in Section III.A. provide a compelling basis for
imposition of a lesser or greater sanction in order to do justice in a particular case.
“Minimum sanctions” are the least serious sanction possible in light of the gravity
of the conduct in question, although a more substantial sanction may be imposed
in order to do justice in a particular case.
2. Academic Dishonesty
a. For an initial instance of academic dishonesty, the minimum sanction shall
be a failing grade in the course, component or aspect of the course, or on that
assignment as recommended by the instructor; an additional educational
assignment or other requirements as appropriate; and a written warning that further
academic misconduct will lead to more serious sanctions.
b. For a second or subsequent instance of academic dishonesty, the minimum
sanction shall be disciplinary suspension for at least one full academic semester.
c. Sanctioning Guidelines for Academic Dishonesty Cases. e sanctioning chart
below exists to provide a starting point for discussion during the deliberation of
appropriate sanctions by the Honor Court. Because the Honor Court must consider
all four relevant factors described in Section III.A.1. of this Instrument, this chart
should not be viewed as an assurance or predictor of sanctions in individual cases.
e Honor Court may deviate from any usual sanction described in the chart based
on other aspects of the gravity of the oense, the value of learning, the importance
of equitable treatment, or other compelling circumstances. Neither adherence to nor
deviation from the usual sanctions established in this chart alone shall constitute
grounds for appeal under Section I.1.b.ii. of Appendix C.
d. Academic Sanctioning Chart – Usual Sanction. For purposes of this section, “usual
sanction” does not indicate the sanction that will be imposed in the majority of cases.
“Usual sanction” refers to the sanction that will be imposed unless a majority of the
hearing panel nds compelling reason to deviate from the usual sanction based on the
Relevant Factors established in Section III.A.1. of this Instrument.
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CATEGORY DESCRIPTION USUAL SANCTION
Minimal
e student committed academic
dishonesty that did not have the
potential to (a) allow academic work to
be subverted and/or (b) give an undue
advantage over other students.
Instructor’s recommended
grade sanction, a written
letter of warning, and an
educational assignment or
written apology.
Moderate
e student committed academic
dishonesty that (a) allowed academic
work to be subverted and/or (b) gave
or had the potential to give an undue
advantage over other students.
Instructor’s recommended
grade sanction and at
least one semester of
disciplinary probation.
Major
e student (a) allowed a substantial
amount of academic work to be
subverted and/or (b) gave or had the
potential to give a substantial undue
advantage over other students.
Instructor’s recommended
grade sanction and one
semester of disciplinary
suspension.
3. Conduct Adversely Aecting Persons
a. For illegally using, possessing, manufacturing, selling, or delivering a controlled
substance as dened by state or federal law, sanctions established by relevant
policies of the Board of Trustees, including as specied, drug probation, suspension,
or expulsion, depending upon the gravity of the oense and prior history of misconduct.
b. For operating a motor vehicle while impaired by alcohol, drugs, or other substances,
i. The usual sanction shall be drug or alcohol suspension for at least one full
academic semester.
ii. The minimum sanction shall be probation for at least one full academic semester.
16
4. Group Oenses. In instances in which a group has committed a violation of the
same type within a period of two years for which a written warning was issued,
the minimum sanction shall be group probation.
5. Repeat Oenses. For oenses of the same or similar type for which a student has
previously received at least probation, the minimum sanction shall be suspension
for at least one academic semester with appropriate conditions.
E. Administration of Sanctions
1. Duration and Eective Date. e duration and eective date of sanctions shall
be determined by the hearing panel. A sanction specied to extend over an
academic semester means a semester within the academic year and does not
include summer sessions. If a timely appeal is led as provided in Appendix
C, no sanction shall take eect until such time as the relevant appeal has been
withdrawn or has been nally determined and a decision rendered by the
University Hearings Board or, in applicable cases, by the Chancellor or the
Chancellor’s designee. When, because of an appeal, a sanction of suspension or
expulsion becomes eective during the middle or at the end of a semester or
term, the student shall receive no credit for any courses undertaken or completed
in the semester or term in which the judgment of the hearing panel was initially
rendered. Students who have been expelled or suspended from the University are
granted 96 hours from the time the sanction becomes eective to depart from
the campus. Sanctions of record (expulsion, suspension, and probation) shall be
entered on the student’s transcript by the Dean of Students following conclusion of
any relevant appeals.
2. Review. A student who is placed on denite or indenite probation or suspension
may be required to meet periodically with the Judicial Programs Ocer.
3. Removal of Sanctions. Upon completion of the requisite period, a student who
has satised any pertinent conditions or requirements may submit a formal petition
requesting removal of a probationary sanction or reinstatement following suspension.
e petition shall be reviewed by the Judicial Programs Ocer who shall prepare a
recommendation, and submit the matter for determination by the appropriate court.
e court shall consider the student’s petition as soon as practicable.
4. Records of Student Discipline. Only disciplinary cases pending and currently
active sanctions of probation, suspension, or expulsion shall be noted as part of
a student’s transcript. Records of all disciplinary actions and sanctions imposed
pursuant to this Instrument shall be maintained by appropriate oces in the
Division of Student Aairs as part of a student disciplinary record separate
from the transcript and shall be retained for a period of 10 years from the date
on which all appeal rights have expired or have been exhausted, and thereaer
destroyed, unless destruction at the end of a lesser period shall be permitted in
accordance with a disciplinary records retention policy adopted by the Chancellor
upon recommendation by the Committee on Student Conduct as provided in
Section V.E. Files on pending cases will be maintained indenitely. Disciplinary
les and records of cases that resulted in “not guilty” ndings shall be destroyed
immediately. Recordings or transcripts of judicial hearings in which an accused
student is found guilty shall be retained for 12 months following the conclusion of
any available appeal and then destroyed.
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IV. Procedural Rights of Students and Complainants
A. Rights of the Accused Student. A student accused of a violation of the Honor
Code under Section II of this Instrument shall have the following rights:
1. Information and Informed Choices. e right to examine this Instrument; to be
advised of the charge, the character of the evidence against the accused student,
the alternatives for responding, the possible sanctions, their rights, and their
responsibilities to appear for relevant proceedings; and to make choices of the
student’s own free will, including the choice to waive any rights provided by this
Instrument aer receiving an explanation of the possible consequences so long as
any such waiver is made in writing.
2. Presumption of Innocence. e right to be presumed innocent until proven
guilty, and to plead not guilty without fear that the plea itself (as distinct from any
related lies or misrepresentations) may give rise to a charge of lying should the
student be found guilty of violating the Honor Code.
3. Counsel
1
. e right to an assigned student counsel or a student counsel of the
accused student’s own choosing, provided that neither a licensed attorney nor
a person who has passed a state bar examination may serve as the investigator
or defense counsel or be present during proceedings. Only currently enrolled
undergraduate students at UNC-Chapel Hill may serve as investigator or defense
counsel in cases involving undergraduate students and only currently enrolled
students, preferably from within the pertinent academic program, may serve
as investigator or counsel to the accused student in cases involving graduate or
professional students. However, in the event the oense charged is also the subject
of criminal charges, the accused student may be accompanied to the hearing by a
licensed attorney who may confer with the student during the hearing so long as
the attorney does not address the hearing panel, those hearing the appeal, or other
parties or witnesses, and so long as the attorney does not delay or disrupt the
proceeding.
4. Fair Hearing. e right to a fair, impartial, and speedy hearing, including a
separate hearing upon request.
5. Self-Incrimination. e right to refuse to respond to questions that would tend to
be self-incriminating.
1
In accordance with N.C.G.S. 116-40.11, for allegations of misconduct received by the University on
or aer August 23, 2013, any student or student organization accused of violations outlined in section
II.C. of the Instrument may be represented, at their own expense, by a licensed attorney or non-attorney
advocate of their own choosing. is provision shall not apply to cases heard by a student Honor Court
(i.e., a board or panel that is composed entirely of students). Students or student organizations that
choose to have a licensed attorney or non-attorney advocate represent them must notify the Oce of
Student Conduct, in writing, of the attorney’s or non-attorney advocate’s participation in the Honor
System process at least ve business days prior to any hearing. e notice must specify (a) the identity
of the licensed attorney or non-attorney advocate; (b) whether the individual is a licensed attorney or
a non-attorney advocate; and (c) current contact information (e.g., address, email, and phone) for the
attorney or non-attorney advocate. In addition, the student or student organization must complete
and submit a written authorization that meets the requirements of a valid consent as specied by the
18
6. Evidence and Witnesses. e right prior to the hearing to review written evidence
and obtain a list of anticipated witnesses; to hear or face witnesses testifying
against the accused student and question any material witnesses; to challenge
and rebut any evidence or written testimony; to present material and character
witnesses; and to testify and present evidence in the accused student’s own behalf
provided that such evidence is relevant to the charge or other evidence presented
and does not otherwise infringe the rights of other students.
7. Proof that is Clear and Convincing. e right to have an alleged oense proven
by evidence that is clear and convincing, where “clear and convincing” means that
the evidence is substantially more likely to be true than not and that the panel has
a rm belief or conviction in it.
8. Appeals and Rehearing. e right to pursue a subsequent appeal to the extent
specied in this Instrument and to be free from rehearing under this Instrument
for the same oense aer being found not guilty, except to the extent that a new
hearing may be required on an original charge pursuant to Appendix C.
B. Rights of the Complainant. A complainant who asserts that an accused student
has violated the Honor Code shall have the following rights:
1. Notication. In accordance with the Federal Family Educational Rights and
Privacy Act (FERPA), in cases of alleged academic misconduct, the complainant
has the right to be notied of the outcome of the case if the complainant has a
legitimate educational interest in the outcome. A complainant who is an alleged
victim of an oense that involves the use, attempted use, or threatened use of
physical force against the person or property of another, or is a felony that, by
its nature, involves a substantial risk that physical force may be used against the
person or property of another in the course of committing the oense, has the
right to be notied of the following matters, pursuant to FERPA and policies of
the University Board of Governors: the name of the student assailant, the violation
charged or committed, the essential ndings supporting the conclusion that
the violation was committed, the sanction if any imposed, the duration of the
sanction, and the date the sanction was imposed.
2. Privacy. e right to have their name or other personally identiable information
withheld from release to the public, the press, or others who are not directly
involved in the case, by members of the Student Attorney General’s sta, any
Family Educational Rights and Privacy Act (FERPA). At least ve business days prior to any hearing, the
attorney or non-attorney advocate shall provide a signed certication arming that they have read and
understand (1) e Instrument of Student Judicial Governance, (2) Section 700.4.1 of the UNC Policy
Manual, and (3) Information for Attorneys and Non-Attorney Advocates Participating in the Honor
System. All documents are available from the Oce of Student Conduct (studentconduct.unc.edu).
A student or student organization that chooses to be represented at any hearing by a licensed attorney or
non-attorney advocate may also be assigned a trained student counsel to serve in an advisory capacity.
However, unless otherwise provided in the Instrument, the student or student organization may be
accompanied to the hearing and represented by only one individual (licensed attorney, non-attorney
advocate, or student counsel).”
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student court or University Hearings Board, or the Oce of the Vice Chancellor
for Student Aairs.
3. Comments and Recommendations. e right to challenge or to request the
Student Attorney General’s oce to challenge the qualications of any member
of a student court or University Hearings Board to hear the case; the right to
recommend the forum in which the case should proceed as specied in Appendix
C; the right to make a written or oral statement during the sanctioning phase
of a hearing; and the right to notice and an opportunity to make an oral or
written statement in any proceeding for the removal of a sanction of indenite
suspension or indenite probation in a case involving a student against whom the
complainant led a complaint.
4. Presence. e right to be present during court proceedings except during court
deliberations, the announcement of the judgment, the sanctioning phase or any
appellate proceedings as provided in Appendix C.
5. Additional Rights in Certain Cases. In certain types of cases, the complainant
shall have additional rights as stated below.
a. Academic Dishonesty. e right of an instructor to recommend a failing grade
(from within the options set forth in Section III.B.1. of this Instrument), and to have
the recommended penalty imposed in the event that the accused student is found
guilty as charged.
b. Other Conduct Involving Injuries to Persons. In oenses involving other forms
of conduct resulting in injuries to persons under Section II.C.1., the right to be
present, except for any court deliberations (during an original hearing, evidentiary
proceeding, or appellate proceeding), to the extent permissible under pertinent state
and federal law.
C. Additional Student Rights. From time to time, additional student rights may
be created or recognized by the University, including rights to privacy and free
expression set forth in Appendix D.
V. HONOR SYSTEM OFFICERS, RESPONSIBILITIES,
AND STRUCTURES
A. Student Honor System Officers
1. Undergraduate Honor System
a. Undergraduate Student Attorney General
i. Appointment and Qualifications. The Office of the Undergraduate Student
Attorney General shall be led by the Undergraduate Student Attorney General,
who shall be appointed by the Student Body President, with the approval of
the Student Congress, during the spring semester and shall serve a term of
12 calendar months from date of appointment or until a successor has been
appointed. Only undergraduate students who have attained at least second
20
semester sophomore status and who have at least two semester’s experience on
the Student Attorney General’s staff shall be eligible for appointment.
ii. Duties. The Undergraduate Student Attorney General and members of the
Attorney General’s staff, shall be responsible for performing the following
functions:
1) Recruitment, appointment, training, certification, and oversight of
members of the Undergraduate Student Attorney General’s Staff. The
staff of the Undergraduate Student Attorney General shall be responsible
for investigating all alleged violations of the Honor Code by undergraduate
students, providing defense counsel as requested, and presenting matters
to the Honor Court for resolution. In making staff appointments, the
Undergraduate Student Attorney General should endeavor to assemble a
staff whose diversity reflects that of the student body as a whole. In the event
of disagreement between the Attorney General and the Vice Chancellor for
Student Affairs concerning training or certification, the issue shall be decided
by the Committee on Student Conduct.
2) Review and investigation of alleged violations of the Code of Student
Conduct. The Undergraduate Student Attorney General or the Student
Attorney General’s designee shall receive complaints of all alleged violations
by undergraduate students; investigate such complaints to determine whether
there is sufficient evidence to refer the incident to the Honor Court; formulate
and bring charges; advise students to be charged concerning their rights, the
availability of counsel, and procedures to be employed; bring charges to the
Honor Court; and respond to appeals as necessary.
3) Contribution to cooperative eorts to strengthen the campus Honor System.
In cooperation with other members of the Honor System Outreach Coordinator
Search Committee, the Undergraduate Student Attorney General shall recommend
to the Undergraduate Student Body President one or more qualied candidates to
serve as Honor System Outreach Coordinator. e Undergraduate Student Attorney
General shall also serve as an appointed or ex ocio member of the Committee on
Student Conduct, foster cooperation between the Student Attorney General’s Oce
and the Oce of the Undergraduate Honor Court, work closely with the Faculty
Advisory Panel on the Honor System, and advise the Judicial Programs Ocer, Vice
Chancellor for Student Aairs, Chancellor, and Chair of the Faculty about matters
relating to the Honor System and Honor Code.
b. Oce of the Undergraduate Honor Court
i. Appointment and Qualifications
1) Undergraduate Honor Court Chair. e Oce of the Undergraduate Honor
Court shall be led by the Undergraduate Honor Court Chair, who shall be
appointed by the Undergraduate Student Body President, with the advice of the
outgoing Chair and Vice Chairs, and shall be conrmed by Student Congress,
during the spring semester to serve for a term of 12 calendar months or until
a successor has been named. e Chair shall have attained at least second
semester sophomore status and have at least a full two semester’s experience on
the Undergraduate Court prior to selection in the Spring semester.
2) Undergraduate Honor Court Vice Chairs. e Honor Court Chair may
be assisted by a minimum of two vice chairs or additional vice chairs as the
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Committee on Student Conduct determines to be necessary for it to conduct its
business. Vice Chairs shall have attained at least second semester sophomore
status and have at least a full semester’s experience on the Undergraduate Court
prior to selection. Vice Chairs shall be selected by election among the members
of the Undergraduate Honor Court during the spring semester and serve for a
period of 12 months or until successors have been named.
3) Members of the Undergraduate Honor Court. The Undergraduate Honor
Court shall be composed of a minimum of 25 undergraduate students
(including the chair and vice chairs) or a larger number recommended by the
Committee on Student Conduct as necessary to conduct the Court’s business.
Members shall be appointed by the Student Body President, and approved
by Student Congress. Members of the Court shall be recommended during
the spring semester by a nominating committee composed of the outgoing
and incoming Chair and Vice Chairs, from among a pool of candidates who
have been members of the academic community for at least a full semester
(or two summer sessions). In reaching its recommendations, the nominating
committee shall consider the candidacy of any interested undergraduate
student; endeavor to recruit candidates whose diversity reflects that of
the student body as a whole; conduct interviews and evaluate personal
qualifications using criteria designed to assure effective operation of the
Court. Members shall be appointed for a 12-month term and shall serve until
successors are named.
ii. Duties of the Chair and Vice Chairs. The Chair of the Undergraduate Honor
Court and Undergraduate Honor Court Vice Chairs shall be responsible for the
following duties:
1) Recruitment, nomination, training, certification, and oversight of
members of the Undergraduate Honor Court. Members of the Honor Court
may not sit on a hearing panel until they have been found to be knowledgeable
concerning the regulations, provisions, procedures, sanctions, and functioning
of the Honor System as delineated in this Instrument, and accordingly
certified as “qualified” by the Chair of the Undergraduate Honor Court and
the Vice Chancellor for Student Affairs. In the event that the Chair and the
Vice Chancellor for Student Affairs disagree over procedures for certification,
the issue shall be decided by the Committee on Student Conduct.
2) Administration of the Honor Court. The Chair shall assign hearing panels
composed of the Chair or a Vice Chair (as presiding officer) and the requisite
number of Court members to conduct hearings and to serve on University
Hearings Boards. The Chair shall make such assignments by random selection
using a separate presiding officer pool (composed of the Chair and Vice
Chairs) and a panel member pool (composed of the remaining members of the
court). The Chair shall also perform such other duties as may be appropriate
consistent with this Instrument.
3) Contribution to cooperative efforts to strengthen the campus Honor
System. In cooperation with other members of the Honor System Outreach
Coordinator Search Committee, the Chair of the Undergraduate Honor Court
shall recommend to the Undergraduate Student Body President one or more
qualied candidates to serve as Honor System Outreach Coordinator. e Chair
of the Undergraduate Honor Court shall also serve as an appointed or ex ocio
member of the Committee on Student Conduct, foster cooperation between the
Student Attorney General’s Oce and the Oce of the Undergraduate Honor
22
Court, work closely with the Faculty Advisory Panel on the Honor System,
and advise the Judicial Programs Ocer, Vice Chancellor for Student Aairs,
Chancellor, and Chair of the Faculty about matters relating to the Honor System
and Honor Code.
iii. Summer School: Special Provisions. During summer session, the authority of
the Undergraduate Honor Court shall be exercised by a Summer School Court
composed of members, who shall meet the minimum qualifications and be
chosen by the procedures set forth in Section V.A.1.b.i.(3). and shall serve for
the duration of the summer session. Vacancies that exist at the beginning of or
during the summer session may be filled by appointment of the Student Body
President and confirmation by Student Congress. The Chair of the Summer
School Honor Court shall be appointed by the Student Body President with the
advice of the Chair and Vice Chairs of the Undergraduate Honor Court and
shall be confirmed by Student Congress. Two vice chairs shall be elected by the
members of the Summer School Honor Court, with preference for students who
have attained at least second semester sophomore status and who have with at
least a full semester’s experience. Hearing panels during summer session shall
be composed of a presiding officer who is selected by random drawing from
a pool of the Summer School Chair and Vice Chairs, and members selected
by random drawing from a pool composed of the remaining members of the
Summer School Court.
c. Honor System Outreach Coordinator
i. Appointment and Qualifications.
1) Appointment. e Oce of Honor System Outreach shall be led by the Honor
System Outreach Coordinator, who shall be appointed by the Student Body
President, with the advice of the Honor System Outreach Coordinator Search
Committee, and with conrmation by Student Congress. Candidates for this
position may be drawn from the general student body and from students who
have served in the Honor System, and shall have extensive knowledge of the
Honor System. Candidates from the undergraduate student body shall have
attained at least a second semester sophomore status, and candidates from the
graduate and professional student body shall have completed at least one full
academic year of study. Among candidates otherwise equally well-qualied
for the position, preference shall be given to candidates who have at least two
semesters’ experience as members of the Oce of Honor System Outreach.
e Honor System Outreach Coordinator shall serve a 12-month term or until a
successor is selected.
2) Honor System Outreach Coordinator Search Committee. The Honor System
Outreach Coordinator Search Committee shall be chaired by the outgoing
Honor System Outreach Coordinator, and shall additionally include the outgoing
Undergraduate Student Attorney General, the outgoing Graduate and Professional
Student Attorney General, the outgoing Undergraduate Honor Court Chair, the
outgoing Graduate and Professional Court Chair, the outgoing Graduate and
Professional Student President, and a member of the Oce of Student Conduct.
e member of the Oce of Student Conduct will serve as an ex ocio member
of the committee.
ii. Duties. The Honor System Outreach Coordinator and members of the Honor
System Outreach Staff, shall be responsible for performing the following
functions:
23
1) Recruitment, appointment, training, and oversight of Honor System Outreach
Members. e Honor System Outreach Coordinator shall make sta appointments
of Honor System Outreach members, and shall oversee the recruitment, training,
and outreach efforts of Honor System Outreach members. In making staff
appointments, the Honor System Outreach Coordinator should endeavor to
assemble a sta whose diversity reects that of the student body as a whole.
2) Coordination and Promotion of Outreach Activities. The Honor System
Outreach Coordinator shall coordinate and promote outreach activities by the
Oce of the Honor System; work with the Faculty Honor System Advisory
Committee to improve information and education relating to academic integrity
issues; work with the student government and other student organizations
to foster information and education regarding student conduct issues; and
such other related coordination and outreach activities as may be appropriate
aer consultation with the Undergraduate Student Attorney General, Oce
of the Undergraduate Honor Court, the Graduate and Professional Attorney
General, the Graduate and Professional Honor Court Chair, the Graduate and
Professional Honor System Outreach Ocer, the Judicial Programs Ocer, the
Dean of Students, and the Committee on Student Conduct. e Honor System
Outreach Coordinator shall also serve as an appointed or ex ocio member of
the Committee on Student Conduct.
2. Graduate and Professional Honor System
a. Graduate and Professional Honor System. e graduate student governance
agency shall appoint a Graduate and Professional Attorney General and Graduate
and Professional Honor Court Chair in accordance with its governance and judicial
structures. e Graduate and Professional Honor System shall be responsible for
charges against students enrolled in a degree program in the University’s Graduate
or Professional Schools or any course in post baccalaureate study except as provided
in Section V.A.2.b. Except as provided in Appendix C, all other sections of this
Instrument shall apply.
b. Graduate and Professional Attorney General. Only Graduate or Professional
students in good standing at the University who have at least one semester of
experience on the Graduate and Professional Attorney General’s sta shall be eligible
for appointment to the Graduate and Professional Attorney General position. e
Graduate and Professional Attorney General shall also serve as an appointed or ex
ocio member of the Committee on Student Conduct; foster cooperation between the
Graduate and Professional Attorney General’s Oce and the Oce of the Graduate
and Professional Honor Court; work closely with the Faculty Advisory Panel on the
Honor System; and advise the Judicial Programs Ocer, Vice Chancellor for Student
Affairs, Chancellor, and Chair of the Faculty about matters relating to the Honor
System and Honor Code.
c. Graduate and Professional Honor Court Chair. Only Graduate or Professional
students in good standing at the University who have at least one semester of
experience on the Graduate and Professional Honor Court sta shall be eligible for
appointment to the Graduate and Professional Honor Court Chair position.
d. Graduate and Professional Honor System Outreach Ocer. e incoming Honor
System Outreach Coordinator, with advice from the Graduate and Professional
Honor System Outreach Officer Search Committee, shall appoint a graduate
or professional student candidate to serve as Graduate and Professional Honor
System Outreach Ocer. Among candidates otherwise equally well-qualied for
24
the position, preference shall be given to those candidates who have served for
at least one semester in the Oce of Honor System Outreach. e Graduate and
Professional Honor System Outreach Ocer shall work closely with and shall report
to the Honor System Outreach Coordinator in working to address the unique needs
of the graduate and professional student body as related to Honor System Outreach.
The Graduate and Professional Honor System Outreach Officer shall serve a
12-month term or until a successor is selected.
i. e Graduate and Professional Honor System Outreach Ocer Search Committee
shall be chaired by the incoming Honor System Outreach Coordinator, and shall
additionally include the incoming Graduate and Professional Student Attorney
General, the incoming Graduate and Professional Court Chair, the incoming
Graduate and Professional Student President, and a member of the Office of
Student Conduct. e member of the Oce of Student Conduct will serve as an
ex ocio member of the committee.”
e. Honor Systems for Graduate Students Enrolled in Designated Professional Schools
i. The student government agencies and academic authorities of designated
professional schools may request authorization to appoint a professional school
attorney general and the chair and members of a professional school honor
court and to operate a judicial system responsible for operation of the Honor
System as it applies to students enrolled in post-baccalaureate programs,
within the requesting professional school. A professional school requesting
such authority must file a proposal with the Committee on Student Conduct
describing the proposed judicial system, arrangements for its operation, and
the need for its establishment. After consultation with the affected parties, the
Dean of Students, and the graduate student governance agency, the Committee
on Student Conduct may recommend that this Instrument be amended to
authorize the establishment of the proposed professional school honor court,
in accordance with procedures set forth in Section VII.B. of this Instrument.
Except as provided in Appendix C, all other sections of this Instrument shall
apply to all professional school judicial systems applicable to post-baccalaureate
students. Designated professional schools include the Schools of Dentistry, Law,
Pharmacy, Business, and Medicine.
B. Faculty Honor System Advisory Committee
1. Appointment. e Chair of the Faculty shall appoint a ve-member Faculty
Honor System Advisory Committee, drawn from faculty members with interest
and experience concerning the campus Honor System. In making the requisite
appointments, the Chair of the Faculty shall take into account recommendations
by the Undergraduate Student Attorney General, the Chair of the Undergraduate
Honor Court, and the Graduate and Professional Attorney General. In making
appointments, the Chair of the Faculty should strive to maintain a committee
that is broadly representative (in terms of academic units and faculty rank) and
possesses relevant expertise (such as experience with legal systems, knowledge
of undergraduate and graduate-level issues, experience with instructional
development, and awareness concerning the operation of the Honor System).
Members of the advisory committee shall serve for overlapping three-year terms
or until their successors have been appointed.
25
2. Duties. e Faculty Honor System Advisory Committee shall have the following
duties: providing advice when appropriate to the Undergraduate Attorney General
and Graduate and Professional Attorney General regarding dicult academic
charge decisions; communicating to student judicial ocers information
regarding faculty concerns or suggestions for improvement of the Honor System;
assisting the student judicial ocers with outreach and educational activities to
involve academic departments and the greater campus community in discussion
of issues of honor and integrity; assisting in the development of training materials
for use in the Honor System; serving as a source of expertise and advice on
educational sanctions; and such other duties as may be appropriate to bolster the
eectiveness and smooth operation of the Honor System.
C. Faculty Hearings Boards Panel. The Chair of the Faculty, in consultation with
the Chair of the Committee on Student Conduct, shall establish a standing panel
of at least 50 faculty members, whose interest and expertise qualifies them for
service on University Hearings Boards charged with responsibilities to hear
original or appellate matters and on Honor Court panels as described in Section
E.1.a. of this Instrument. The Faculty Hearings Boards Panel should be drawn
from a cross-section of departments, disciplines, and ranks of faculty in order to
provide a diverse and representative pool of faculty who are known and respected
by their peers. Graduate students at the University who also act in undergraduate
instructor roles are eligible for membership on the faculty panel. Appointments
to the Faculty Hearings Board Panel shall be for three years. After selection, all
members of the Faculty Hearings Boards Panel must meet the qualifications
of Student Honor Court members as described in Section V.A.1.b.ii.1. shall be
provided relevant training concerning the operation of the campus honor system
and other related matters.
D. Judicial Programs Officer. The Vice Chancellor for Student Affairs shall provide
requisite resources and appoint necessary personnel to support the Honor
System, including a Judicial Programs Officer who shall perform the following
functions:
1. Coordinator. Serve as the designate of the Vice Chancellor for Student Aairs in
coordinating and advising the Honor System.
2. Adviser. Provide reports, monitor data, evaluate and apprise the Vice Chancellor
for Student Aairs, the Committee on Student Conduct, and other University
ocers of matters regarding student conduct and the Honor System.
3. Supervisor. Supervise compliance with conditions and requirements imposed
upon students and groups subject to disciplinary sanctions, including, as
appropriate, scheduling mandatory conferences with students placed on probation
and with student ocers of organizations with an active sanction, overseeing
compliance by students and student organizations with the terms of disciplinary
sanctions, and providing reports and recommendations to the courts concerning
removal of sanctions.
4. Trainer. Provide support and oversight of training of Court members, Student
Attorney General’s sta, and faculty members serving as members of the Honor
System Advisory Committee and University Hearings Boards.
26
5. Outreach and Program Planner. Work with students, faculty, and sta, to
develop strategies, materials, resources, and programs to inform members of the
University community about the Honor Code and Honor System.
E. Committee on Student Conduct
1. Appointments and Terms. e Committee on Student Conduct (“COSC”) shall
be composed of three persons appointed by the Chancellor, three members of the
faculty selected by the Chair of the Faculty, and six students (four undergraduate
and two graduate/professional students who are representative of their student
constituencies as well as the diversity of the student community). Student
members shall be selected through an application process by the Student Body
President, or designee, and by the President of the Graduate and Professional
Student Federation, or designee, respectively. All Attorneys General, Court Chairs,
and Outreach Coordinators shall serve as non-voting ex ocio members. In no
case shall a member’s term of appointment be less than one year or more than
three years. Although it is not mandatory, the Chair of COSC shall usually be
a member of the University faculty or a Chancellor’s appointee who has been a
member of COSC for one or more years or who has experience in student judicial
matters. e Chair shall be elected for a one-year term at the beginning of the fall
semester by a majority of committee members.
2. Procedures. COSC shall meet regularly, or upon call by the Chair, or by a petition
from a majority of the members of the committee presented to the Chair. A
quorum shall consist of four students, two faculty members, and two appointees
of the Chancellor. A quorum is not required for committee action. Action taken
without a quorum, however, shall not become eective until ve calendar days
have elapsed following the transmittal of the committee minutes describing such
action. If within the ve-day period any committee member les with the Chair
a request for review of the action taken, the action will be held in abeyance until
reviewed by the committee when a quorum is present. A majority vote of those
present at the meeting shall be determinative of any issue.
3. Responsibilities. COSC shall have the following responsibilities:
a. Overseeing the operation of this Instrument and the Honor System;
b. Developing, promulgating, and monitoring policies and guidelines regarding
operational procedures for implementation of this Instrument and the Honor System
as provided in Section VI;
c. As necessary and appropriate, interpreting this Instrument and developing
guidelines and policies regarding its meaning and operation, including but not
limited to designation of oenses as “minor” or “serious” as provided under policies
of the University Board of Trustees or Board of Governors;
d. Advising student judicial ocers, the Judicial Programs Ocer, the Vice
Chancellor for Student Aairs, and the Chancellor regarding this Instrument and
the Honor System as appropriate;
e. Proposing, reviewing, and coordinating action on amendments to this Instrument
appropriate to its increased eectiveness;
27
VI. OPERATIONAL PROCEDURES
e Committee on Student Conduct shall develop policies and guidelines relating to
the implementation and operation of the Honor System including, but not limited to,
policies and guidelines regarding reports of violations, initiation of charges, authority
of the courts, procedural protections relating to evidence and witnesses, proceedings of
student courts and the University Hearings Board, expedited hearing panels, appeals,
and other specic arrangements for the eective operation of the Honor System.
All such guidelines and policies shall be promulgated as part of Appendix C to this
Instrument in accordance with the procedures for amendment set forth in Section VII.
VII. AMENDMENTS
A. Proposed Amendments. Amendments to any provision of this Instrument may
be proposed by the Chancellor, the Faculty Council, the Student Congress, or the
Committee on Student Conduct.
B. Approval of Amendments
1. Amendments to Sections I-VII of this Instrument. Amendments to this
Instrument will become eective when approved by the Student Congress, the
Faculty Council, and the Chancellor.
2. Amendments to Appendix C. Amendments to Appendix C may be proposed
from time to time by the Committee on Student Conduct as a means of improving
the operational performance of the Honor System or providing additional
guidance to its meaning and interpretation. Amendments to Appendix C will
become eective when approved by the Chancellor, upon the recommendation of
the Committee on Student Conduct, without formal action by Student Congress
and the Faculty Council, provided that the Committee on Student Conduct
provides Student Congress and the Faculty Council with written notice of any
such proposed amendment and that Student Congress and the Faculty Council
are aorded at least 30 calendar days during the academic year in which to advise
the Chancellor of their views prior to any action by the Chancellor to approve or
reject a proposed amendment.
f. Performing such other duties as specied in this Instrument; and
g. Reporting to the Chancellor, Faculty Council, and Student Congress annually in writing.
28
e Instrument of Student Judicial Governance was adopted in furtherance of the
University’s shared commitment to the pursuit of truth, and the dissemination
of knowledge to succeeding generations of citizens devoted to the high ideals of
personal honor and respect for the rights of others. In order to achieve these goals and
ideals, and to promote a community characterized by intellectual honesty, personal
integrity, and mutual respect, students and faculty are encouraged to adhere to the
following principles:
I. Students. 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 each member of the academic community are respected. In order
to ensure eective functioning of an Honor System worthy of respect in this
institution, students are expected to:
A. Conduct all academic work within the letter and spirit of the Honor Code, which
prohibits the giving or receiving of unauthorized aid in all academic processes.
B. Consult with faculty and other sources to clarify the meaning of plagiarism; to
learn the recognized techniques of proper attribution of sources used in the
preparation of written work; and to identify allowable resource materials or aids
to be used during examination or in completion of any graded work.
C. Sign a pledge on all graded academic work certifying that no unauthorized
assistance has been received or given in the completion of the work.
D. Comply with faculty regulations designed to reduce the possibility of cheating—
such as removing unauthorized materials or aids from the room and protecting
one’s own examination paper from the view of others.
E. Maintain the confidentiality of examinations by divulging no information
concerning an examination, directly or indirectly, to another student yet to
write that same examination.
F. Treat all members of the University community with respect and fairness.
G. Report any instance in which reasonable grounds exist to believe that a student
has given or received unauthorized aid in graded work or in other respects violated
the Honor Code. Such report should be made to the Oce of the Student Attorney
General, the Oce of the Dean of Students, or other appropriate ocer or ocial
of their college or school.
APPENDIX A
Expanded Statement of Commitment by Students and Faculty
29
H. Cooperate with the Oce of the Student Attorney General and the defense counsel
in the investigation and hearing of any incident of alleged violation, including giving
testimony when called upon. Nothing herein shall be construed to contravene a
student’s rights enumerated in Section IV.A. of this Instrument.
e oenses set out in Section II of this Instrument, not this listing of responsibilities,
shall be the basis for determining chargeable oenses under the Honor Code.
e University is committed to freedom of expression. e principles set forth in
this appendix do not create the basis for disciplinary action and are not intended
to interfere with an individual’s academic or personal freedom. Consequently, the
oenses set out in Section II of this Instrument, not this listing of expectations,
shall be the basis for determining chargeable oenses under the Honor Code. It
is hoped, however, that student will voluntarily endorse these common principles
in furtherance of the shared commitment to fostering a community of intellectual
honesty, personal integrity, and responsible citizenship.
II. Faculty. Academic work is a joint enterprise involving faculty and students.
Both have a fundamental investment in the enterprise and both must share
responsibility for ensuring its integrity. In relation to the Honor Code, therefore,
specic expectations of the faculty that parallel the expectations of students have
been formally adopted by the Faculty Council as stated in Appendix B.
III. Shared Aspirations. ese principles are the minimum expected of members of
the student body and the faculty. ey are not mutually exclusive, and the failure
of a student or a faculty member to live up to the stated expectations does not
lessen or excuse any failure of the other to comply with relevant requirements.
30
Whereas faculty members and students at the University of North Carolina at Chapel
Hill share a commitment to the pursuit of truth and the dissemination of knowledge
to succeeding generations of citizens devoted to the high ideals of personal honor
and respect for the rights of others; and whereas these goals can only be achieved
in a setting in which intellectual honesty and personal integrity are highly valued;
others are trusted, respected, and fairly treated; and the responsibility for articulating
and maintaining high standards is widely shared; and whereas the University can
eectively set and maintain high standards for academic integrity only through the
individual and collective commitment of its faculty to this end; and whereas the
Faculty Council, on behalf of the faculty, wishes to provide renewed guidance to
colleagues on how best to achieve this important objective; now therefore the Faculty
Council resolves:
Academic work is a joint enterprise involving faculty and students. Both have a
fundamental investment in the enterprise and share responsibility for ensuring its
integrity. erefore, the specic actions enumerated below are declared to be those
which are included in, but do not exhaust the responsibility of the faculty in relation
to the Honor Code.
I. Awareness. To assure that community-wide expectations regarding
academic integrity are understood and communicated, and that students
are held accountable for conforming their conduct to such expectations,
faculty members, teaching assistants, and other instructional personnel
should become familiar with the University Honor System (embodied in
the Instrument of Student Judicial Governance and related documents) and
other sources of information about instructional practices that foster a strong
commitment to academic integrity. Deans, department chairs, advisors, and
others responsible for academic units and support services related to the
University’s academic mission should aid instructional personnel in achieving
this objective.
II. Communicating Expectations and Administering Examinations. To
assist students in complying with their responsibilities relating to academic
integrity, faculty members, teaching assistants, and other instructional
personnel should:
APPENDIX B
On Faculty Responsibilities in Relation to the Honor Code
(Faculty Council Resolution 2003-5, dated January 17, 2003)
31
A. Use good judgment in setting and communicating clear ground rules for
academic work conducted under their supervision (for example by stating
expectations as part of course syllabi, identifying materials that may or may not
be used in completing assignments, and indicating the extent of collaboration
that is or is not permitted).
B. Require students to sign the honor pledge as a condition of submitting
academic assignments.
C. Take steps to prevent unauthorized access to examinations during development,
duplication, and administration.
D. Avoid re-using prior examinations in whole or part to the extent possible in
keeping with sound academic judgment (such as when warranted as part of an
assessment system that relies upon recurring use of a pool of pre-tested and
validated multiple choice questions, when security is assured, or when questions
are placed on reserve or otherwise made available in advance to all students on
an even-handed basis).
E. Take all reasonable steps consistent with physical classroom conditions to reduce
the risk of cheating during the administration of examinations.
F. Maintain proper security during the administration of examinations including,
as appropriate, overseeing distribution and collection of examinations and
proctoring the examination session.
III. Oversight. In the event of student misconduct that appears to violate the
requirements of the Honor Code, faculty members, teaching assistants, and
other instructional personnel should:
A. Report to the appropriate Student Attorney General any instance in which the
instructor has reasonable basis to conclude that a student under the faculty
member’s supervision has engaged in academic dishonesty or substantially
assisted another to do so in connection with academically related work. Such
reports should include a brief description of the suspected academic dishonesty
including surrounding facts and circumstances, and may, if the faculty member
chooses, incorporate a recommendation as to the appropriate sanction or
disposition from among those available in the event the student is found guilty
(such as whether a failing grade would be implemented as to a particular course
assignment, component, or the course as a whole).
B. In the instructor’s discretion, notify the student of the instructor’s intention to
report the suspected academic dishonesty and permit the student to provide
relevant further information if the student chooses to do so.
C. Refrain from taking unilateral punitive action as to a student rather than
reporting conduct in suspected violation of the Honor Code.
D. Cooperate with representatives of the student judicial system (including the
appropriate Student Attorney General, defense counsel, Honor Court personnel,
and the Judicial Programs Officer) in conducting necessary investigation,
32
providing testimony or other evidence, recommending appropriate sanctions, or
otherwise bringing the matter to prompt conclusion.
IV. Involvement. To bring to bear requisite faculty judgment regarding the
nature and importance of academic integrity, and to nourish a strong
campus-wide understanding and commitment to associated intellectual and
personal values, faculty members, teaching assistants, and other instructional
personnel should:
A. Explore issues of integrity in connection with instructional activities where
relevant and appropriate.
B. Encourage their academic units to take matters of academic integrity seriously,
become informed regarding related problems and advisable means of
preventing problems from arising, and provide requisite training and support to
instructional personnel.
C. Participate, upon request, as part of educational initiatives, faculty advisory
panels, and University Hearings Board designed to create, nurture, and enforce
high standards of academic integrity within the University community.
33
A. Reports of Possible Violations
1. Initial Report. A member of the University community who observes what they
believe to be a violation of the Honor Code shall promptly submit a short, written
report to the applicable Student Attorney General that identies the student or
students believed to be responsible and describes relevant facts in support of
the allegations, including a description of the conduct in question and attendant
circumstances.
2. Report of Academic Dishonesty Violation. An instructor who suspects that
a student has committed a violation of the Honor Code relating to academic
dishonesty shall promptly submit an Academic Violation Report available from
the Oce of Student Conduct. Private action by an instructor as a sanction for
academic dishonesty is inconsistent with faculty policy as promulgated by the
Faculty Council and embodied in Appendix B and may not be used in lieu of or in
addition to a report of the incident.
a. Meeting with Student. An instructor may elect to meet with a student suspected
of academic misconduct prior to submission of the Academic Violation Report,
but is not required to do so. If the instructor chooses to meet with the student,
the instructor should notify the student of the instructor’s intention to report the
suspected violation, present the information that supports the alleged academic
dishonesty, and give the student the opportunity to provide additional information
if the student chooses to do so aer the student is made aware of all rights under
this Instrument.
b. Sanction Recommendation. In the Academic Violation Report, an instructor may
recommend appropriate sanctions from among those sanctions available under this
Instrument. For academic dishonesty violations, a recommended sanction must
include at least the minimum sanction as set forth in Section III of this Instrument.
c. Student-Instructor Alternative Resolution. In cases where an instructor suspects
academic dishonesty and meets with the student as provided in section A.2.a.and
makes a sanction recommendation as provided in section A.2.b., the accused
student may be aorded an opportunity to resolve the case through an informal
resolution process in lieu of a hearing or further proceedings. Following the
notication of a charge, the appropriate Student Attorney General or the Student
Attorney General’s designee, upon review of the Academic Violation Report and any
accompanying materials, shall provide the accused student an opportunity to resolve
the pending Honor Court case through a Student-Instructor Alternative Resolution,
provided that all of the following conditions are met:
i. The student has no previous academic dishonesty violations;
ii. Both the instructor and the accused student agree that they wish to resolve the
matter without proceeding to a formal hearing;
APPENDIX C
Operating Procedures for Implementation of the Honor System
34
iii. The sanctions recommended by the instructor are consistent with Section III of
this Instrument with respect to available and minimum sanctions;
iv. The student is advised of all student rights under the Instrument, including
alternatives for responding to the allegation and the types of proceedings
available; and
v. The student, in writing, voluntarily accepts responsibility for the alleged
violation, agrees to the proposed sanctions, and waives their right to appeal or
further review.
If any of the conditions set forth herein are not met, the case shall proceed as
otherwise outlined in the Instrument. e appropriate Student Attorney General shall
provide all proposed resolutions under this section for review by the Oce of Student
Conduct and the appropriate Honor Court Chair. e Oce of Student Conduct and
Honor Court Chair shall not approve the proposed resolution and will refer the matter
for a hearing, only if it nds that (a) the conditions above have not been satised,
(b) the recommended sanctions are substantially disproportionate to sanctions
imposed in similar cases, or (c) the instructor was not aware of signicant facts or
circumstances that could reasonably impact the proposed sanction. e decision of
the Oce of Student Conduct and Honor Court Chair to approve or not approve
the alternative resolution is nal and shall not be reviewable on appeal. Records of
a Student-Instructor Alternative Resolution which results in the acceptance of a
proposed sanction will be maintained according to Section III.E.4. of this Instrument.
3. Notice, Review, and Investigation. e applicable Student Attorney General shall
review and investigate reports of Honor Code violations that have been referred
by members of the University community, police authorities, or citizens outside
of the University community because of the possible implications of the conduct
in question for protection of the University’s interests. Anonymous charges shall
not be permitted. e appropriate Student Attorney General or Judicial Programs
Ocer shall notify the accused student promptly once a report has been received.
B. Initiation of Charges
1. Charge and Notice to Appear. e applicable Student Attorney General or the
Student Attorney General’s designee shall review the report of alleged misconduct
and conduct a preliminary investigation prior to determining whether charges
under the Honor Code should be led. Under ordinary circumstances, charge
determinations should be made within 30 days, provided that an extension of
up to an additional 30 days may be permitted for good cause as determined
by the applicable Student Attorney General or for up to an additional 60 days
under exceptional circumstances with the concurrence of the Judicial Programs
Ocer. If the applicable Student Attorney General determines that there is a
reasonable basis for concluding that a student has violated the Honor Code, the
accused student or students shall be notied in writing of the Student Attorney
General’s intention to commence an action under this Instrument, the charges to
be pursued, the underlying allegations and factual basis for the charges, possible
sanctions, and the student’s procedural rights. In all instances in which charged
oenses could result in expulsion, the notice shall include this possibility and
must specify that expulsion precludes matriculation at any UNC constituent
institution. e notice shall also advise the accused student of the need to
schedule a preliminary conference, and may specify the date and time of the
35
anticipated hearing on the charges, so long as the date specied is at least 10
calendar days from the date on which written notice is received by the accused
student. For purposes of this section, the written notice required herein shall be
delivered by regular, certied, or electronic mail, or such other method as may be
reasonably calculated to provide the student with timely notice of the charge(s).
e applicable Student Attorney General shall also advise the Judicial Programs
Ocer of the proposed action by copy of the communication notifying the
student.
2. Preliminary Conference and Hearing Date. A preliminary conference shall
be scheduled between the Student Attorney General or the Student Attorney
General’s designee and the accused student at least 10 calendar days before an
anticipated hearing date on the charges. At the conference, the Student Attorney
General or the Student Attorney General’s designee shall inform the accused
student in detail of the charges, the character of the evidence, alternatives available
in responding to the charge including acknowledgment of responsibility and
implications, possible sanctions, and procedural rights. e Student Attorney
General shall, when applicable, also inform the student of a Student-Instructor
Alternative Resolution, as provided in Section A.2. of Appendix C. In the Student
Attorney General’s discretion, if the requirements set forth in Section B.3. of
Appendix C are met, the Student Attorney General may also advise the accused
student of the possibility of proceeding through an expedited hearing process as
described in Section F of Appendix C rather than under the full hearing process
described in Section E of Appendix C. If a hearing date is not specied in the
notice of the charge, written notice of the hearing date must be provided to
the accused student at the preliminary conference or sent to the student, to be
received not less than ve calendar days before the proceeding is scheduled for
hearing, unless the accused student agrees to an earlier hearing date, or either the
accused student or the designated Student Attorney General requests a reasonable
extension of time to prepare for the hearing and mutually agrees to the requested
extension or the extension is approved by the Judicial Programs Ocer in the
event of dispute.
3. Recommendation and Referral for Expedited Sanctioning in Instances in
Which the Student Accepts Responsibility. e Student Attorney General
may, using discretion and in consultation with the Judicial Programs Ocer,
determine that a matter should be referred to an Expedited Hearing Panel of the
Honor Court as described in Section F of Appendix C rather than a full hearing
as described in Section E of Appendix C, provided that all of the following
conditions apply: (a) the accused student admits fault and takes responsibility in
writing for the conduct and related oense; (b) the evidence is suciently clear
so that the student’s guilt for the oense to be charged has been demonstrated
without additional review under Section E of Appendix C; (c) the accused student
agrees in writing to proceed before an Expedited Hearing Panel aer receiving
pertinent information about all student rights under this Instrument; and (d) the
Student Attorney General submits a written recommendation and referral that
addresses each of the conditions set forth above.
4. Relation to Action in State or Federal Courts. In instances when action is
either pending or completed against a student in a state or federal court and
when the University’s interests are at issue, the Student Attorney General and the
Vice Chancellor for Student Aairs will make a determination as to whether the
36
protection of the University’s interests requires action by the University. If the
Student Attorney General and the Vice Chancellor for Student Aairs cannot
agree on the determination, the issue shall be decided by the Committee on
Student Conduct.
5. Academic Progression while Honor Court Case is Pending. A student may not
graduate while the subject of an Honor System case.
C. Authority of the Honor Court. A hearing on charges that a student or students
have violated the Honor Code shall be held by the court with the authority
granted under this Instrument over the matter or a University Hearings Board as
provided below.
1. Undergraduate Honor Court. e Undergraduate Honor Court shall have
authority to hear all matters involving violations of the Honor Code except
those within the authority of the Graduate and Professional Honor Court, those
cases reserved to the University Hearings Board in Section C.4. of Appendix C,
and those cases reserved for the Summer School Court under Section C.2. of
Appendix C.
2. Summer School Court. e Summer School Court shall have authority to hear all
matters that fall within the authority of the Undergraduate Honor Court during
the summer session, including any matter pending before the Undergraduate
Honor Court at the end of the spring semester and violations occurring during the
summer session.
3. Graduate and Professional Honor Court. e Graduate and Professional Honor
Court shall have authority to hear all matters concerning alleged violations of the
Honor Code by students who are enrolled in a degree program in the University’s
Graduate School or any other course in post-baccalaureate study, except as
specied in Section C.4. of Appendix C (relating to cases referred to the University
Hearings Board).
4. University Hearings Board. e University Hearings Board shall have authority
to hear the following cases:
a. Cases otherwise within the authority of the student courts when the appropriate
Student Attorney General and the Vice Chancellor for Student Aairs determine
that circumstances make such authority inappropriate as a result of veriable
medical or psychological complications, the inability of the student court to provide
a speedy hearing, or other considerations that make the case inappropriate for
hearing and decision by a student court.
b. Cases in which an accused student, with the concurrence of the appropriate Student
Attorney General, requests in writing a University Hearings Board because of
signicant disparities in age of the accused student and members of the student
court, or signicant inconvenience in scheduling an appearance before the student
court due to geographic, family, occupational, or other circumstances.
c. Cases in which a student charged under the Honor Code chooses to accept
responsibility for the conduct in question and requests in writing an expedited
hearing before the University Hearings Board rather than before an expedited
37
hearing panel as described in Section F of Appendix C.
d. Cases involving alleged violations of the Honor Code that would fall within the
authority of any student court that has ceased to exist or cannot or does not exercise
its authority to hear the matter.
D. Procedural Protections
1. General Protections. Students charged with Honor Code violations and
complainants alleging such violations shall be aorded the detailed procedural
rights set forth in Section IV of this Instrument.
E. Proceedings by Student Courts or University Hearings Board Panels
Exercising Original Authority. Except in instances in which the Student
Attorney General has recommended and the accused student has agreed in
writing to proceed under Section F of Appendix C, the following requirements
shall apply:
1) Composition of Hearing Panels.
a) Academic Dishonesty Cases. In cases where one or more of the charges are
brought pursuant to Section II.B. of this Instrument, the hearing panel shall be
comprised of ve members. Panels of either the Undergraduate Honor Court or
the Graduate and Professional Honor Court shall be composed of a presiding
ocer selected from a pool composed of the chair and vice chairs from the
pertinent court and four other Honor Court members, three of whom will be
from the pertinent court selected at random and one of whom will be a faculty
member drawn from the Faculty Hearings Board Panel, so long as a member is
available. If the Graduate and Professional Honor Court is hearing an alleged
oense committed by a student enrolled in a designated professional school,
the Chair will endeavor to seat court members enrolled in the accused student’s
designated professional school on the hearing panel rst.
b) Non-Academic Dishonesty Cases. In cases where none of the charges are
brought pursuant to Section II.B. of this Instrument, the hearing panel shall be
comprised of ve members. Panels of either the Undergraduate Honor Court or
the Graduate and Professional Honor Court shall be composed of a presiding
ocer selected from a pool composed of the chair and vice chairs from the
pertinent court and four other Honor Court members of the pertinent court
selected at random. If the Graduate and Professional Honor Court is hearing
an alleged oense committed by a student enrolled in a designated professional
school, the Chair will endeavor to seat court members enrolled in the accused
student’s designated professional school on the hearing panel rst.
c) University Hearings Board Panels exercising original authority under Section
C.4. of Appendix C. University Hearings Board panels exercising original
jurisdiction under Section C.4. of Appendix C shall be composed of two faculty
members selected from among those serving on the Faculty Hearings Board
Panel, one designee of the Vice Chancellor for Student Aairs (serving as Chair),
and two students designated by the chair of the appropriate student court having
authority with regard to the matter being heard.
2) Presiding Officer. The presiding officer shall direct and control the proceedings
before the court or University Hearings Board. The presiding officer shall be
responsible for determining whether all members of the hearing panel are qualified
38
to sit on the matter and have disclosed any information that may bear on their
ability to proceed in a fair and impartial manner. The presiding officer shall also
be responsible for maintaining proper decorum, including the conduct of parties
and counsel toward witnesses. Subject to review by the hearing panel, the presiding
officer shall have the power to limit the introduction of evidence, testimony of
witnesses, and argument of the parties to matters that are relevant and significant.
The presiding officer shall also be responsible for announcing the decision of the
hearing panel with regard to the guilt of the charged student and the sanctions to
be imposed, and for promptly submitting a written summary of the hearing panel’s
findings, conclusions, ruling, and rationale.
3) Responsibilities of members of hearing panel. The members of the hearing panel
shall be responsible for hearing and reviewing the charges and evidence in a fair
and impartial manner. In any instance in which a member of the hearing panel is
aware of matters that may affect the panel member’s ability to hear a matter fairly
and impartially, that member shall make prompt disclosure of such information
and request that the remaining members of the hearing panel determine whether
the member should proceed with the case after an opportunity is provided to the
accused student and the other members of the panel to ask questions.
4) Participation in Hearing. All hearings pursuant to this Instrument shall be closed,
unless the accused student, requests in writing that the hearing be open. The
complainant in instances in which the charged student is accused of an offense
involving injury to persons under Section II.C.1. of this Instrument shall have the
right to be present and to be accompanied by a support person (relative, friend or
individual providing counsel other than legal counsel) during the original hearing,
any evidentiary proceeding, or any appeal, provided, however, that the support
person may not participate in the hearing itself. In cases involving undergraduate
students, the member of the Student Attorney General’s staff investigating the
case and the accused student’s counsel must be undergraduate students currently
enrolled at UNC-Chapel Hill. In cases involving graduate or professional students,
it is preferred, but not required, that the investigator and defense counsel be
graduate or professional students enrolled in the same school or program as
the accused student, otherwise the investigator or defense counsel must still be
students currently enrolled at UNC-Chapel Hill. In any court, neither a licensed
attorney nor a person who has passed a state bar examination may serve as the
investigator or the defense counsel or be present during the proceedings in support
of either.
5) Respect for Impartiality. During the pendency of a proceeding or related
deliberations, no interested party shall approach any member of the hearing
panel other than at the panel’s request. Any attempt to approach any member
of the hearing panel inappropriately shall itself constitute a violation under this
Instrument.
6) Conduct of the Hearing. The hearing shall proceed as follows:
a) Recording of Proceedings and Security of Records. e presiding ocer shall
inform all participants in a hearing that a record shall be maintained of the
proceedings, and shall designate a member of the hearing panel to be responsible
for recording all oral statements made at the hearing, receiving all written evidence
accepted by the hearing panel, and taking such other clerical action as directed by
the presiding ocer. e presiding ocer and the Judicial Programs Ocer shall be
responsible for the security of all records of the proceedings.
39
b) Student Response to Charge. e presiding ocer shall state the charge in the
presence of the accused student and other members of the hearing panel, and the
student charged may accept responsibility; plead not guilty; move to terminate
the hearing on grounds that the court or hearing panel lacks the authority to hear
the case; or move to postpone the hearing on grounds that the student has not
received a written Notice to Appear, has not been fully informed of the charge
and is unable to make an adequate defense, or has not been granted a properly
conducted preliminary conference. e hearing panel shall be responsible
for determining whether to grant a charged student’s motion to terminate or
postpone the hearing. If an accused student, without justication, does not
appear for or remain at the hearing, the hearing panel may proceed in the accused
student’s absence.
c) Presentation of Charges. e appropriate Student Attorney General or the
Student Attorney General’s designee shall state the charges against the accused
student, and present witnesses and written evidence or testimony in support of
the charges, subject to the right of the charged student to refute the case.
d) Access to Evidence and Witnesses. Both the representative of the appropriate
Student Attorney General and the defense shall have the power to compel
the appearance of persons from the University community who can provide
substantial, relevant evidence or who can testify to the character of those involved
in the matter charged. Failure of a student to respond to such a Notice to Appear
will subject the student to action under this Instrument unless the absence is
satisfactorily justied, in writing, to the Student Attorney General who issued the
Notice to Appear. In order to assure fairness and procedural due process, faculty
members and other University employees who possess substantial, relevant
evidence in a given case are expected to honor any request to appear issued by a
hearing panel acting with authority under this Instrument.
e) Questioning of Witnesses. All witnesses and parties may be questioned by the
Student Attorney General or the Student Attorney General’s designee, the accused
student and the accused student’s counsel, members of the hearing panel, and the
complainant, except in instances in which the individual being questioned asserts
the right against self-incrimination.
7) Deliberations and Judgment. Immediately upon conclusion of the initial phase of
the hearing, the hearing panel shall deliberate in private and determine whether
the accused student or students have been shown by evidence that is clear and
convincing to have violated the Honor Code as charged and determine the
sanctions to be imposed. In extraordinary circumstances, the presiding officer
may postpone deliberation or sanctioning and reschedule the hearing to the next
available date.
a) Finding of Guilt. For purposes of this Instrument, “clear and convincing” means
that the evidence is substantially more likely to be true than not and that the
panel has a rm conviction in it. e hearing panel’s decision shall rest solely on
the evidence presented in the hearing and shall be reached following deliberation
by use of a secret ballot. e hearing panel may reach one of the following
judgments: (a) not guilty, (b) guilty, or (c) guilty of a portion of the charges stated.
In order to nd a student guilty, at least 3 of the 5 members must vote guilty. In
the event that the Court (with the accused student’s consent) is proceeding with
fewer than ve members, at least 3 of the members present must vote guilty in
order to nd a student guilty.
40
b) Error in Initial Charge. e hearing panel may also determine that an error
has been made in the charge against the student and may correct the error by
rewriting the charge to conform to the appropriate charge, in which case the
hearing panel shall aord the accused student the option of having the existing
panel deliberate upon the new charge or requesting a new hearing.
c) Determination of Sanctions. In instances in which the hearing panel determines
that the accused student is guilty or guilty in part, it shall determine the sanctions
to be applied, as provided in Section III of this Instrument. In cases involving
academic dishonesty charges under Section II.B. of this Instrument and heard by
a panel constituted in accordance with Section E.1.a. of Appendix C, the hearing
panel shall determine the category (i.e., minimal, minor, and major) of any
academic dishonesty violation in conjunction with any guilty judgment and
prior to beginning the sanctioning phase of the hearing. ereaer, the student
members of the panel shall determine the sanctions to be applied, as provided in
Section III of this Instrument.
d) Announcement and Transmittal of Judgment. Aer the hearing panel reaches
its judgment, the presiding ocer shall announce the judgment and sanctions in
the presence of the accused student. e presiding ocer shall submit a written
summary of the hearing panel’s conclusions, rationale, verdict, sanctions, and
applicable appeal rights to the accused student and the Judicial Programs Ocer
as soon as practicable but in no event more than 10 days from the date on which
the judgment is announced.
F. Expedited Hearing Panels
1. Undergraduate Court Expedited Hearing Panels
a) Composition. e Chair of the Undergraduate Court shall, as necessary,
designate expedited hearing panels to hear matters referred to the Court by
the Undergraduate Student Attorney General as provided in Section B.3. of
Appendix C. Expedited hearing panels shall be composed of three members of
the Undergraduate Honor Court, including the Chair or a designated Vice Chair
who shall serve as presiding ocer, and two additional members selected for their
experience and competence in dealing with the assignment of sanctions.
b) Functions and Procedures. An expedited hearing panel shall be responsible
for determining the appropriate sanctions to be imposed in instances in which
a student has agreed to take responsibility for the conduct giving rise to a
charge under the Honor Code and the matter has been referred by the Student
Attorney General as one in which requisite conditions specied in Section B.3.
of Appendix C have been satised and sanctions may be immediately imposed.
e accused student may be assisted by counsel as provided in Section IV.A.3. of
this Instrument, and the Student Attorney General may present relevant evidence
and recommendations regarding the appropriate sanctions through a designated
sta investigator or written materials according to the Student Attorney General’s
discretion. e complainant shall also be entitled to present comments regarding
the appropriate sanctions in person or in writing for consideration by the panel,
as provided in Section IV.B.3. of this Instrument. e expedited hearing panel
shall carefully consider the evidence of the student’s conduct and recommended
sanctions, allow the accused student to present comments, discuss with the
accused student the implications of the conduct in question for the University
community, and impose appropriate sanctions from among those available under
this Instrument, including at least the minimum sanction provided in Section
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III of this Instrument. e chair of the expedited hearing panel shall maintain a
record of the proceedings as provided in Section E.6.a. of Appendix C, and shall
provide a rationale for the panel’s decision as promptly as practicable as provided
in Section E.7.d. of Appendix C.
c) Appeals. A student who has accepted responsibility and agreed in writing to
proceed before an expedited hearing panel may appeal only on grounds of
severity of sanctions or violation of basic rights, as provided in Section I.1.b.ii. of
Appendix C.
2. Expedited Hearing Panels in Graduate and Professional Honor Court.
Expedited hearing procedures for purposes of determining sanctions may be
adopted by the Graduate and Professional Honor Court in accordance with the
governance system in eect.
G. Honor Court Alternative Resolution
1. In the discretion of the applicable Student Attorney General, and with the
concurrence of the Judicial Programs Ocer, the Student Attorney General may
oer a student the option of attempting to resolve a pending Honor Court case
via an Honor Court Alternative Resolution. e student may accept the option of
an Honor Court Alternative Resolution meeting, or the student may reject this
option, and the Student Attorney General will schedule the case for a hearing at
the rst available opportunity.
a) Composition. e Chair of the applicable Honor Court shall convene the Honor Court
Alternative Resolution meeting along with one Vice Chair of the applicable court.
Functions and Procedures. An Honor Court Alternative Resolution panel shall be
oered to students who accept responsibility for committing the charged violation. If
the student chooses to accept the option of the Honor Court Alternative Resolution,
the Chair will review the violation and discuss the student’s actions to determine the
appropriate sanction to be oered to the student.
i) Acceptance of Sanction Offered. If the student accepts the proposed sanction,
the student’s case is considered closed. By accepting the alternate resolution, the
student is agreeing to accept responsibility for the charged violation.
ii) Rejection of Sanction Offered. If the student rejects the sanction offered,
or if the panel members are unable to agree on a sanction to be offered, the
student’s case will be referred for an Expedited Hearing in accordance with
Section F of Appendix C of this Instrument.
iii) Maintenance of Records. Records of an Honor Court Alternative Resolution
which results in the acceptance of a proposed sanction will be maintained
according to Section III.E.4. of this Instrument.
H. Large Scale Cases
1. Upon receipt of a report of a suspected oense involving ve or more students,
the applicable Student Attorney General shall have the option of employing the
following plan for disposition of the cases:
a. If the Student Attorney General nds that sucient evidence exists to charge each
student with a violation, the Student Attorney General may seek permission to
pursue resolution of the cases via a proposed agreement.
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i. The Student Attorney General shall present the proposed agreement and
sanctions to an Expedited Hearing Panel composed of three members of the
applicable honor court, as outlined in Section F of Appendix C.
ii. If the Expedited Hearing Panel concludes that the proposed agreement is
acceptable, the Student Attorney General shall have appropriate authorization
to offer each charged student the proposed agreement.
iii. For each individual student accepting the proposed agreement and sanction,
the case will be resolved without a formal hearing. By accepting the agreement,
the student both agrees to accept responsibility for committing the offense
and accept the proposed sanction. For students accepting the agreement, the
sanction will go into effect immediately upon acceptance.
iv. If the student rejects the proposed agreement, the case will be referred for a
hearing in accordance with the hearing procedures outlined in Appendix C.
I. Appeals
1. Appeals from Original Proceedings
a. Authority of University Hearings Board and Composition of Appellate Panel.
e University Hearings Board shall have the authority to hear appeals in cases
originally considered by the Undergraduate Court (including an expedited hearing
panel), Summer School Honor Court, or the Graduate and Professional Honor
Court. e University Hearings Board shall also have appellate jurisdiction over
cases within its authority to hear original matters as specied in Section C.4. of
Appendix C, provided that no individual who has served on the original hearing
panel shall serve as part of the appellate panel. For purposes of exercising its
appellate authority, an appellate panel shall be constituted, including two faculty
members selected from among those serving on the Faculty Hearings Board Panel,
one designee of the Vice Chancellor for Student Aairs, and two students designated
by the Chair of the appropriate student court having original authority who have not
been involved in prior proceedings in the case. A faculty member or administrator
designated by the Vice Chancellor shall serve as presiding ocer.
b. Petition and Grounds for Appeal
i. Right of Appeal. An accused student who has been found guilty before a student
court or University Hearings Board with original authority as provided in Section
C.4. of Appendix C, or who has had a judgment and sanctions determined by
an expedited hearing panel as provided in Section F of Appendix C may le a
petition for appeal no later than ve business days (weekends and University
holidays excepted) from delivery to the accused student of the written summary
of the hearing panel’s judgment and sanctions as provided in Section E.7.d. of
Appendix C. For purposes of this section, delivery shall mean hand-delivery or
transmission of the written summary by certied or electronic mail. Appeals
shall be heard as promptly as possible and, except under unusual circumstances
as determined by the Judicial Programs Ocer, shall be scheduled for hearing no
later than 30 calendar days from the date the initial judgment is announced.
ii. Grounds for Appeal. An appeal of a judgment rendered under Section
E of Appendix C may be based on the insufficiency of evidence, severity
of sanctions, or violation of basic rights provided in Section IV.A. of this
Instrument and on no other grounds. An appeal of a judgment rendered under
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Section F of Appendix C may be based upon severity of sanctions or violation of
basic rights provided in Section IV.A. of this Instrument and on no other grounds.
iii. Appeal Petition. An appeal petition shall be filed in a timely fashion as
specified in paragraph b.i. of this section, and shall consist of a detailed
written statement specifying the precise grounds for appeal and indicating
with precision the supporting facts, and shall be signed by the accused student
(or, in an appeal by a student group, by the group’s president or chief officer).
The Judicial Programs Officer will review the petition to determine whether
it is based upon one or more of the grounds for appeal stated in this section
and provides a factual basis for the appeal. If the Judicial Programs Officer
determines that the petition states a permissible ground and sufficient factual
basis for appeal, the Judicial Programs Officer shall refer the matter to a
University Hearings Board appellate panel for action. If the Judicial Programs
Officer determines that the appeal petition does not state a permitted ground
or a sufficient factual basis for appeal, the Judicial Programs Officer shall notify
the accused student in writing of this determination and of the right to have this
determination reviewed by a three-member Appellate Review Board. Within
five business days (weekends and University holidays excepted) of notification
that the Judicial Programs Officer has determined that the appeal petition does
not state a permissible ground or sufficient factual basis for appeal as provided
in this section, the accused student may request, in writing, that the Appellate
Review Board review this determination. The Appellate Review Board shall be
composed of a member of the Faculty Hearings Board Panel, an administrator
designated by the Vice Chancellor for Student Affairs, and a member of the
appropriate student honor court who has not been involved in consideration
of the case during the original proceeding before the student court. Upon such
a request, the Appellate Review Board shall determine whether the appeal
petition states a permissible ground and sufficient factual basis for appeal, and
shall refer the matter for review by a University Hearings Board if requisite
grounds and factual basis are stated, or if not shall dismiss the appeal.
c. Scope of Review and Disposition. In deciding appeals from the judgment of a
student court or University Hearings Board panel exercising original authority,
the University Hearings Board appellate panel shall review the record made in
the original hearing, including relevant portions of the recording or transcript of
the hearing proceedings, except the deliberations of the court, and a copy of all
documents and other writings introduced in evidence at the hearing. It shall apply
the following scope of review and dispose of petitions for appeal as specied below:
i. Insufficiency of Evidence. For purposes of evaluating the sufficiency of the
evidence, the appellate panel shall consider only the evidence contained in the
record made before the original court or hearing panel, and shall sustain that
court or panel’s determination provided there is a reasonable basis for a finding
of guilt based on clear and convincing evidence as defined in Section E.7.a. of
Appendix C, and if not it shall dismiss the case.
ii. Severity of Sanctions. For purposes of evaluating the severity of the sanctions,
the appellate panel shall consider only the evidence contained in the record made
in the original court or hearing panel, and shall sustain that court or panel’s
determinations provided there is a reasonable basis for the sanction imposed, and
if not shall impose a lesser sanction as it determines to be appropriate.
iii. Violation of Basic Rights. For purposes of evaluating whether the basic
rights of the accused student specified in Section IV.A. of this Instrument were
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violated, the appellate panel shall consider the relevant evidence contained
in the record made in the original court and any further testimony it deems
pertinent by the accused student, the appropriate Student Attorney General (or
the Student Attorney General’s designee), the presiding officer and members
of the original hearing panel, and any witness with knowledge of the alleged
violation. The appellate panel shall then determine whether, by a preponderance
of evidence, the court or hearing panel having original authority, or the Office
of the Student Attorney General, violated the accused student’s basic rights,
and, if so, whether the violation prejudiced the outcome of the student’s original
hearing so as to necessitate a remand for a new hearing. If the alleged violation
of basic rights cannot be corrected through a remand of the matter, the appellate
panel shall dismiss the case.
d. Appellate Procedures. e appellate panel shall review the pertinent record made
in the original court and no other evidence except as specied in Section I.1.c.iii.
of Appendix C. e hearing on appeal shall be closed, except to the extent provided
in Section E.4. of Appendix C. Only the accused student and the accused student’s
counsel, the appropriate Student Attorney General or the Student Attorney General’s
designee, the complainant and the complainant’s support person as specied in
Section IV.B. of this Instrument, and witnesses providing specic testimony under
Section I.1.c.iii. of Appendix C shall be permitted to participate. In no case may a
licensed attorney or a person who has passed a state bar examination assist or be
present during the proceedings, except to the extent specied in Section IV.A.3. of
this Instrument, and witnesses providing specic testimony under Section I.1.c.iii.
of Appendix C shall be permitted to participate. In no case may a licensed attorney
or a person who has passed a state bar examination assist or be present during the
proceedings, except to the extent specied in Section IV.A.3. of this Instrument. In
the course of the proceedings, the presiding ocer shall permit members of the
appellate panel to ask questions as they deem appropriate, and shall permit the
accused student to concisely present the grounds for appeal, the Student Attorney
General or the Student Attorney General’s designee to address the merits of the
appeal, and the accused student to oer a concluding summation. Following
the concluding summation, the members of the appellate panel will deliberate
in private, reach a decision by majority vote using secret ballots, and promptly
announce their judgment. e presiding ocer shall as promptly as practicable
provide the accused student, the complainant, and the Judicial Programs Ocer
with a written statement of the rationale for the decision.
2. Petition for Further Review by the Chancellor from Determinations of the
University Hearings Board
a. Grounds for Petition for Further Review. A petition for further review by the
Chancellor of a decision by the University Hearings Board shall be available on
either of the following grounds and no others:
i. Denial of fundamental procedural rights under policies of the Board of
Trustees or Board of Governors, including rights to due process and a 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 permitted under this Instrument;
provided that an appeal on such grounds must have been raised as a basis for appeal
to the University Hearings Board or stem from denial of the specied rights with
regard to the proceedings of the University Hearings Board on appeal.
ii. Severity of Sanction, but only where the sanction imposed is permanent
suspension or expulsion and not with regard to any other sanctions.
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b. Procedures
i. Petition for Review. An accused student who wishes to petition for further
review of a decision of the University Hearings Board upholding a judgment
under the Honor Code may file a petition for review by the Chancellor no
later than five business days (weekends and University holidays excepted)
from delivery to the accused student of the written summary of the University
Hearings Board’s decision as specified in Section I.1.d. of Appendix C, based
on the grounds stated in Section I.2.a. of Appendix C and no others. A petition
for review shall consist of a detailed written statement specifying the precise
grounds for appeal and indicate with precision the supporting facts, and shall
be signed by the accused student (or, in an appeal by a student group, by the
group’s president or chief officer). The Dean of Students will consider the
petition to determine whether it is based upon the grounds for further review
stated in this section and provides a sufficient factual basis for further review.
If the Dean of Students determines that the petition states a permissible ground
and sufficient factual basis for further review, the Dean of Students shall refer
the matter to the Chancellor or the Chancellor’s designee for action. If the Dean
of Students determines that the petition for review does not state a permitted
ground or a sufficient factual basis for further review, the Dean of Students
shall notify the accused student in writing of this determination and of the right
to have this determination reviewed by the three-member Appellate Review
Board. Within five business days (weekend and University holidays excepted)
of notification that the Dean of Students has determined that the petition does
not state a permitted ground or a sufficient factual basis for further review,
the accused student may request, in writing, that the Appellate Review Board
review this determination. The Appellate Review Board shall be composed of
a member of the Faculty Hearings Board Panel, an administrator designated
by the Vice Chancellor of Student Affairs, and a member of the appropriate
student honor court who has not been involved in consideration of the case
during the original hearing or any previous appellate proceeding. Upon such a
request, the Appellate Review Board shall determine whether the petition states
a permissible ground and a sufficient factual basis for further review, and shall
refer the matter for review by the Chancellor or the Chancellor’s designee if
requisite grounds and factual basis are stated or, if not, shall dismiss the petition
for review.
ii. Review Process. In considering a petition for further review, the Chancellor
or the Chancellor’s designee shall consider the record made in the original
court and on appeal, except the deliberations of the hearing and appellate
panels, and copies of all documents and other writings introduced in evidence.
The accused student shall be afforded an opportunity to present the basis for
the petition for review and respond to questions, and a representative of the
appropriate Student Attorney General’s office shall be provided an opportunity
to respond. In instances of petitions based on Section I.2.a.i. of Appendix C
relating to violation of fundamental procedural rights, the Chancellor or his
or her designee shall determine whether the preponderance of the evidence
demonstrates that the accused student’s fundamental procedural rights were
violated so as to prejudice the outcome of the original or appellate hearing,
and if so, shall remand for further proceedings, dismiss the charge(s), or grant
such other relief as may be appropriate to address the alleged violation. In the
event that the petition for review is found to be without merit under the stated
standards, the accused student’s finding of guilt and associated sanctions shall
become final and shall be implemented in accordance with the terms of Section
III.E.1. of this Instrument. In instances of petitions based on Section I.2.a. ii.
46
of Appendix C, the Chancellor or the Chancellor’s designee shall determine
whether there is a reasonable basis for the sanction imposed, and if not, shall
impose a lesser sanction as determined to be appropriate.
3. Relief Based on Newly Discovered Evidence. An accused student or student
group may le a detailed written petition for a new hearing with the Judicial
Programs Ocer on the basis of newly discovered evidence, provided that the
evidence provides a reasonable basis for concluding the outcome in the case
might have altered the outcome of the original hearing, and that the evidence
was not known to the student or group at the time of the original hearing or
appeals in the case. e Judicial Programs Ocer shall determine whether the
petition states a sucient factual basis for the claim, and if so shall transmit the
petition for consideration by the chair of the appropriate student court, who may
order a new hearing to be conducted following the procedures set forth in this
Instrument, with dierent court members selected by the court chair to ensure
a fair hearing. If the Judicial Programs Ocer determines that the petition for a
new hearing does not meet the requirements stated in this section, the Judicial
Programs Ocer shall refer the petition to an Appellate Review Board as provided
in Section I.1.b.iii. of Appendix C. If the Appellate Review Board determines that
the petition for a new hearing satises the requirements set forth in this section, it
shall refer the petition for action by the chair of the appropriate court, and if not,
it shall dismiss the petition without grounds for further appeal.
47
I. General rights of privacy and expression. Students have the same rights of privacy
and expression as other citizens and, except as otherwise expressly provided herein,
surrender none of these rights by becoming members of the University community.
II. Privacy
A. Privacy of Residence Hall Rooms. Searches of residence hall rooms are only
permissible under the following limited circumstances:
1. Emergencies. In cases of extreme emergency, such as suspected suicide or a
problem involving the immediate safety of the occupant or fellow occupants;
provided that such searches will be made only with the permission of an occupant
of the room and in the occupant’s presence if possible, by authorization of the Vice
Chancellor for Student Aairs or the Vice Chancellor for Student Aair’s designee,
or by authorization of the highest ocial present if time is of the essence and the
preceding conditions cannot be immediately satised.
2. Suspected Violation of State or Federal Law. In cases of investigation for a
suspected violation of State or Federal law, only through the procedures required
for a lawful search including the use of a lawful search warrant.
3. Health and Safety. In instances of concern for health and safety, such as
unauthorized cooking appliances, pets or pest control, only as needed; and in
cases of room inspection to aect normal maintenance and repairs, only as
conducted by properly identied University employees and only on a regular
schedule announced in advance by the Department of University Housing.
B. Privacy of Student Records
1. Access to Academic Records. Access to any student’s permanent academic
record will be governed by the provisions of the Family Educational Rights and
Privacy Act of 1974. Academic records shall be maintained in such a way as to be
physically separate from disciplinary records.
2. Other Official Student Records. Other official student records are retained in
the appropriate University oces; e.g., the Oce of the Dean of Students, Student
Health Services, University Career Services, and the academic school or department.
3. Prohibition on Maintenance of Records of Political Activities. No records
shall be maintained in any University oce of the political activities of individual
students. In the procedures for formally recognizing student organizations, the Vice
Chancellor for Student Aairs may require a record of an organization’s ocers, a
statement of the organization’s purpose, and statements of the organization’s non-
discriminatory policy on membership, but no membership list shall be maintained.
APPENDIX D
Student Rights of Privacy and Free Expression
48
4. Medical Records. Medical (including psychiatric and counseling) records shall be
subject to professional rules of condentiality.
5. Disciplinary Records. Access to any student’s disciplinary or other records will be
governed by the provisions of the Family Educational Rights and Privacy Act of
1974. Authorized, identied University ocers or faculty members or the student
shall have access to disciplinary records. Results of disciplinary proceedings for
alleged violations of the Honor Code may be disclosed to the alleged victim of
the oense if the oense involved the use, attempted use, or threatened use of
physical force against the person or property of another; or is a felony that, by
its nature, involves a substantial risk that physical force may be used against the
person or property of another in the course of committing the oense. On each
occasion that student disciplinary records are initiated or added to by an ocer
of the University, the student aected shall be informed of the entry and apprised
of these stipulations. Student disciplinary records maintained in the Oce of the
Student Attorney General shall be accorded the same protection and guaranteed
condentiality as those in University administrative oces. Disciplinary les and
records of cases shall be maintained as provided by this Instrument.
III. Student expression
A. Confidentiality of Unpublicized Views and Associations. Information about
student views, beliefs, and political associations acquired by professors in the course
of their work as instructors, advisors, or counselors is condential, and is not to be
disclosed to persons outside the University except under legal compulsion.
B. Freedom of Publication. A currently enrolled student or officially recognized
University organization may publish material on campus without prior approval.
Such publications shall be subject to all applicable protections available under
relevant policies and laws.
C. Right of Peaceful Protest and Free Access. All members of the University
community shall have the right of peaceful protest. Any lawful organization may
recruit personnel at the University. All members of the University community
shall have access to these organizations, and other members of the University
community shall not interfere with the right of any individual in the University
to participate in arranged interviews with that organization’s representatives, or
with the rights of such representatives.
D. Freedom of Speech. e University embraces and strives to uphold the freedoms of
expression and speech guaranteed by the First Amendment of the U.S. Constitution.
e University has the right under appropriate circumstances to regulate the time,
place, and manner of exercising these and other constitutionally protected rights.
Amended on July 25, 2017, this Instrument of Student Judicial Governance and the policies and
procedures therein supersede all previous versions, statements and policies of the University of North
Carolina at Chapel Hill, as may appear in any University of North Carolina at Chapel Hill publication.
For the most updated version, please visit: instrument.unc.edu. e University reserves the right to
amend these policies and procedures from time to time pursuant to Section VII. of this document.
For more information regarding the Honor System or the Instrument, please
contact: Office of Student Conduct (919) 962-0805, studentconduct.unc.edu.
For the most current version, please visit: instrument.unc.edu.
