Emergency Admissions and Disciplinary
Evaluation Committee
Policy and Procedures The University of North Carolina at Chapel Hill
Revised September 1996
In keeping with the long tradition of student self-governance
at The University of North Carolina at Chapel Hill, the Chancellors of the University
have delegated a portion of their authority in matters of student discipline
to a student judicial system that functions in accordance with The Instrument
of Student Judicial Governance. From time to time, however, the University is
faced with situations involving behavior of applicants for admission, who are
not yet within the jurisdiction of the student judicial system, and situations
involving students that require a University response because they pose some
danger to the University and/or its processes but that are not cognizable under
the Instrument. Occasionally emergency situations arise in connection with student
behavior that require a faster response than the student judicial system's procedures
can provide. To address all of these situations and to fulfill the University's
obligation to provide a safe campus, the Emergency Admissions and Disciplinary
Evaluation Committee has been established.
For more information, please go to the Office of Admissions homepage.
I. COMMITTEE MEMBERSHIP
The Vice Chancellor for Student Affairs, the Director of the Student Health
Service, and a faculty member from the Committee on Student Conduct (designated
by the Chair of that Committee) shall be permanent members of the Committee.
The Committee shall be chaired by the Vice Chancellor for Student Affairs or
his/her delegate. The following University officials will also sit on the Committee
in the situations indicated below:
In a case involving an applicant for admission, the Dean or
Director of Admissions for the unit to which the individual has applied;
For an enrolled undergraduate, the Dean of the General College,
the Dean of the College of Arts and Sciences, or the Dean of the school in
which the student is enrolled, as appropriate;
For a post-baccalaureate student enrolled through the Division
of Continuing Studies, the Director of the Division of Continuing Education;
For an enrolled graduate student, the Dean of the Graduate
School and either the Chairman of the student's department or, in undepartmented
schools, the Dean of the school in which the student is enrolled;
For an enrolled summer visitor, the Director of the Summer
School;
For a student enrolled in the School of Law, the School of
Medicine, the School of Dentistry, the MBA School, the MAC program or the
Ed.D. program, both the Dean/Director of the school or program and a faculty
or staff member designated by the Dean/Director for this purpose;
Any member of the Committee may send a delegate to act in
his/her stead.
II. COMMITTEE JURISDICTION Students whose cases may be considered by the Committee fall
into four categories:
An applicant for admission or readmission to the University
who has been convicted of a crime involving assaultive or felonious behavior,
who has a record of violent behavior, or who has a record of academic dishonesty
or disciplinary rule violations elsewhere;
A student whose behavior, on or off campus, is such that his/her
presence in the University, in the judgment of the Committee, poses a serious
threat of disruption of the academic process or a continuing danger to himself/herself,
other members of the University community or University property;
A student who has been arrested and charged with a serious
crime of a violent or dangerous nature, or a serious crime that involved placing
another person in fear of imminent physical injury or danger, where, in the
judgment of the Committee, if the student is found guilty, his/her presence
in the University would pose a serious threat of disruption of the academic
process or a continuing danger to the student, other members of the University
community or University property;
A student, charged by the University with a violation of policies
concerning illegal drugs, whose continued presence within the University community
would, if the charges are true, constitute a clear and immediate danger to
the health or welfare of other members of the University community.
III. COMMITTEE PROCEDURES IN SPECIFIED SITUATIONS
Applicants for Admission Most cases involving an applicant for admission will be
handled by the appropriate admissions office, in consultation with the Office
of Student Affairs if necessary. Either office, however, may refer a case
to the Committee.
In the event of referral, the Committee shall determine whether the applicant's
previous behavior potentially poses a serious danger to members of the University
community, University property, or the proper functioning of the academic
process. The Committee may interview the applicant to ascertain, among other
things, whether he/she has an understanding of the past offense, the ability
to learn from the experience, and a desire to obtain an education in order
to fulfill future goals.
Unless the Committee clears the applicant, the admissions office shall not
act on the application for admission. The Committee only determines whether
the student's past behavior should render him/her ineligible for admission
consideration. The admissions office is responsible for evaluation of the
applicant's academic and other qualifications.
Dangerous or Disruptive Student Behavior Usually student behavior that appears to fall under II.
B. above will also constitute an offense under The Instrument of Student Judicial
Governance, and the Student Attorney General and the Office of Student Affairs
will handle it through the Student Judicial System. However if the Vice Chancellor
for Student Affairs and the Student Attorney General decide that the facts
of a case indicate that the student's presence in the University poses a serious
threat of disruption of the academic process or a continuing danger to the
student, other members of the University community, or University property
AND the immediacy of the danger or threat is so great that emergency action
should be taken, the Vice Chancellor for Student Affairs and the Student Attorney
General, shall withdraw the case from the jurisdiction of the Student Court
System and refer the case to the Committee.
If the Committee agrees that emergency action is warranted, it shall summarily
suspend the student from the University indefinitely or take other appropriate
action to minimize the risk. If the Committee decides that summary action
is not warranted, jurisdiction over the case will be returned to the Student
Judicial System.
Students Charged with a Crime When a student who has been arrested and charged with a
violent or dangerous crime or one that involved placing a person in fear of
imminent physical injury or danger, the Vice Chancellor for Student Affairs
and the Student Attorney General may decide to withdraw the matter from the
jurisdiction of the Student Court System, if applicable, and refer the case
to the Committee.
The Committee shall consider whether, if the student were to be found guilty
of the crime charged, his/her presence in the University would pose a serious
threat of disruption of the academic process, or a continuing danger to the
student, other members of the University community or University property.
If the Committee determines that a guilty verdict would have this effect,
it shall summarily suspend the student from the University indefinitely. Otherwise,
jurisdiction over the case will be returned to the Student Judicial System
immediately.
Students Charged with a Violation of University
Drug Policies An alleged student violation of University policies concerning
illegal drugs is an offense under The Instrument of Student Judicial Governance.
In all such cases the Student Attorney General and the Office of Student Affairs
will institute substantive disciplinary proceedings through the Student Judicial
System. If the Vice Chancellor for Student Affairs decides that the facts
alleged are such that the accused student's continued presence within the
University community might constitute a clear and immediate danger to the
health or welfare of other members of the University community, the Vice Chancellor
shall refer the case to the Committee to determine whether the student should
be summarily suspended pending final disposition of the case in the Student
Judicial System.
The Committee shall decide whether, if the charges against the student are
true, his/her continued presence within the University community would constitute
a clear and immediate danger to the health or welfare of other members of
the University community. If the Committee makes such a finding, it shall
summarily suspend the student from the University pending the final disposition
of the case in the Student Judicial System. If the Committee summarily suspends
the student, the Student Judicial System hearing of the charges against the
student shall be held as promptly as possible thereafter.
Emergency Action In an emergency situation under II. B., C., or D. when
the Committee cannot be immediately convened, the Vice Chancellor for Student
Affairs or his/her delegate shall have the power to invoke the full authority
of the Committee for summary suspension or, after consultation, to take other
appropriate summary action to minimize the risk. Whenever this is done, the
full Committee shall be convened as soon as feasible thereafter to consider
the facts of the case and the Vice Chancellor's action. After consideration,
the Committee may either ratify the Vice Chancellor's action or reverse it
and take any other appropriate action.
In such emergency situations the Vice Chancellor for Student Affairs or his/her
delegate shall inform the Student Attorney General of all actions taken under
the authority of this policy.
General
Withdrawal of Jurisdiction In situations arising under Sections III. B., C., and
D., if the Vice Chancellor for Student Affairs is unable to contact the
Student Attorney General in a timely manner, or if the Vice Chancellor
and the Student Attorney General disagree about withdrawing the case from
the jurisdiction of the Student Judicial System, the Vice Chancellor for
Student Affairs shall withdraw the case from the jurisdiction of the Student
Judicial System and refer it to the Committee. If the student is enrolled
in a professional school, the Vice Chancellor shall consult with the Dean
of that school before making a decision, but the ultimate decision on
withdrawal and referral shall be the responsibility of the Vice Chancellor
for Student Affairs.
Considerations Involved in Finding a Disruption
of the Academic Process In evaluating the student's behavior under Section
III. B. and C. to determine whether it poses a serious threat of disruption
of the academic process, the Committee shall act in light of The Code
of the Board of Governors University of North Carolina, Chapter VI, Section
600.
Right to a Hearing When Summary Suspension Imposed A student who is summarily suspended from the University
under III. B., C. or D. shall have the right to a subsequent hearing before
the Committee on the issue of the appropriateness of summary suspension
in his/her case. The student's suspension shall remain in effect while
the hearing is pending, and if the Committee decides after the hearing
that pretrial suspension is appropriate, the suspension shall remain in
effect until the conclusion of all proceedings in the student's case.
Summary Suspension Not Evidence of Guilt The Committee's decision to suspend a student summarily
under III. B., C., or D. shall not be construed as an adjudication of
the student's guilt or innocence of the violation charged; nor shall it
be considered as evidence of the student's guilt or innocence in subsequent
Student Judicial System proceedings.
IV. COMMITTEE POWERS
The Committee may obtain and use any relevant information about
the behavior of a student or applicant or about criminal charges that have
been brought against him/her. Such information shall include, but is not limited
to, copies of police records and court documents, written summaries of information
obtained by University administrators from others, written statements, and
oral testimony. Formal rules of evidence shall not apply.
The Committee may, in its discretion, have an applicant's
present condition evaluated, at University expense, by a mental health professional
of the Committee's choice or may administratively refer a student for evaluation
by the University's Student Health Service or Student Psychological Services.
In either situation the applicant or student will be put on notice that the
results of the evaluation will be communicated to the Committee and will not
be protected by medical privilege. The Committee will not be bound by the
opinions and recommendations contained in such an evaluation. The Committee
may also consider opinions and recommendations offered by a mental health
professional retained by the applicant or student, at that person's expense,
but will not be bound by those opinions or recommendations.
In appropriate cases Committee action may include one or more
of the following:
Summary suspension;
Reinstatement of a student who has been summarily suspended
by the Committee or the Vice Chancellor for Student Affairs;
Reinstatement of a student who has been indefinitely suspended
by the Committee;
Ordering that an applicant not be considered for admission
due to his/her behavioral history;
Referral to the Student Attorney General for proceedings
under The Instrument of Student Judicial Governance;
Permitting the student to remain enrolled subject to his/her
compliance with specified conditions set by the Committee, with violation
of such conditions to be a ground for reopening the case against the student;
Indefinite suspension;
Recommendation for expulsion; or
Imposition of any other sanction or administrative remedy
that is reasonable and appropriate under the circumstances.
V. HEARING PROCEDURE
Voting A quorum of the Committee shall consist of any two permanent
members plus at least one of the appropriate persons listed in Section I.
A.-F. above. In case of a tie vote, the Vice Chancellor for Student Affairs
shall decide the matter.
Notice of Hearing By the letter informing him/her of the Committee's summary
action, the student shall also be notified of the date and place of the hearing
on his/her case. The hearing shall be set no sooner than seven days from the
date of the letter, and the letter shall be mailed to the student at his/her
last known address, according to University records. The notice shall explain
the charges against the student, the character of the evidence against him/her,
the possible penalties involved, and his/her rights under this document: the
right of due process and fair hearing; the presumption of innocence until
found guilty; the right to be assisted, at his/her own expense, by counsel
or a friend of his/her own choosing in the preparation of his/her defense.
Suspended Student's Presence on Campus A student who has been suspended may not participate in
any University activities or responsibilities, may not attend classes and
may not come to the campus except to attend a Committee hearing or Student
Judicial System proceeding in his/her case. If the student comes to the campus
for one of these reasons, he/she must immediately leave the campus at the
end of the meeting. Persons who schedule a meeting with such a student shall
notify the campus police, in advance, of the time and place of the meeting.
Standards for Decision The Committee's decision will be based on all the evidence
before it, and the standard of proof shall be by a preponderance of the evidence.
The Committee must make the following finding before a post-hearing sanction
may be imposed on a student:
under Section III. B.: the Committee must find that the
student committed the offense in question.
under Section III. C.: the Committee must find that the
student has been charged with the crime in question, that the charge does
not appear to be frivolous, and that, if the student committed the crime
with which he/she is charged, his/her presence on the campus would pose
a serious threat of disruption of the academic process or a danger to
the student, other persons or property.
under Section III. D.: before the Committee may
suspend a student pending the outcome of Student Judicial System proceedings
in his/her case, it must find that, if the charges against the student
are true, his/her continued presence within the University community would
constitute a clear and immediate danger to the health or welfare of other
members of the University community.
Committee Records Minutes of the hearing, but not of the Committee's deliberations,
shall be kept. The Vice Chancellor for Student Affairs or his/her delegate
shall be responsible for all records of Committee proceedings.
Notification of Outcome Following the hearing the student shall be notified of
the Committee's decision by a letter sent to the address he/she has supplied
at the hearing, or, if he/she has not supplied an address at the hearing,
to his/her last known address, according to University records.
In accordance with the provisions of the federal Family Educational Rights
and Privacy Act of 1974, as amended, the Committee may also disclose the results
of the hearing to the alleged victim of the student's actions if:
the alleged actions involved the use, attempted use, or
threatened use of physical force against the person or property of another;
or
the alleged actions constituted a felony that, by
its nature, involves a substantial risk that physical force may be used
against the person or property of another.
Consequences When Indefinite Suspension Continued
or Expulsion Recommended After Committee Hearing If, after a hearing before the Committee, the student's
indefinite suspension is continued or he/she is expelled, the Office of Student
Affairs shall formally withdraw him/her from school. If the student has paid
rent for University housing for that term, he/she shall receive a pro-rata
refund of rent for the portion of the term that remains, less the University
Housing Department's cancellation fee.
Section III. B.: the student will receive the same prorated
refund of tuition and fees (less the usual deposits and charges) that
any student receives after formal withdrawal from the University.
Section III. C.: the student will receive a full refund
of any tuition and fees he/she has paid for the term in question, less
the usual deposits and charges.
Expulsion If the Committee recommends that a student be expelled,
his/her indefinite suspension shall continue pending the Chancellor's decision
on the expulsion recommendation. The Chancellor may accept the recommendation
of expulsion, impose a lesser sanction, or find the student not guilty.
Reinstatement After Hearing or Student Judicial
System Proceedings:
Section III. C.:If
the student is reinstated after the Committee hearing but, by the time
of reinstatement, he/she has missed so much classwork that it will be
impossible to complete the courses before the end of the term, he/she
may choose either to take a grade of "incomplete" in those courses
and complete them in the normal period of time allowed for completion
of "incompletes" under University regulations or he/she may
choose to withdraw for the semester in question and receive a full refund
of tuition and fees, less the usual deposits and charges.
Section III. D.:If,
at the conclusion of Student Judicial System proceedings, the student
is exonerated of the charges against him/her or receives a lesser sanction
than suspension but has missed so much classwork that it will be impossible
to complete the courses before the end of the term, he/she may choose
to take "incompletes" as described above or may withdraw for
the semester in question and receive a full refund of tuition and fees,
less the usual deposits and charges.
VI. APPEALS IN CASES INVOLVING DENIAL OF ADMISSION AND POST-HEARING
PROCEDURES
If the Committee rules that an applicant is ineligible for
admission consideration, the applicant may appeal as provided in the admissions
policy of the Board of Trustees.
If the Committee recommends that the student be expelled,
the Chancellor shall consider the recommendation and decide whether to accept
it. The Chair of the Committee (or his/her delegate) shall prepare the record
of Committee proceedings and forward it to the Chancellor. The record shall
include the minutes taken during the proceedings and a copy of all documents
and other writings introduced in evidence at the hearing. It shall not include
any record of the Committee's deliberations. Before deciding whether to accept
the Committee's recommendation of expulsion, the Chancellor may, at his/her
discretion, meet with the student or the student's representative.
A former student, who has been indefinitely suspended by the
Committee under sections III. B. or III. C. above and wishes to return to
the University, must formally petition the Committee for reinstatement. In
the absence of extraordinary circumstances, such a petition may be filed no
sooner than six months after the date of his/her withdrawal. In considering
a petition for reinstatement, the Committee may request a personal interview
with the former student or any other information or reference that might help
it reach a decision.
A former student who petitions the Committee for reinstatement must also apply
to the University for readmission. An individual should be aware that, after
an absence of a certain duration, the Graduate School, School of Law, and
School of Medicine require the applicant for readmission to compete for readmission
with the other applicants for the entering class in that year.