The University of North Carolina at Chapel Hill
Faculty Guide to the Student Judicial System

The Code of Student Conduct
To Report or Consult about Possible Violations of the Code
Some Premises of the Student Judicial System
Steps to Report a Suspected Violation of the Code
The Role of the Student Attorney General
The Student Court Hearing
Faculty Responsibilities

THE CODE OF STUDENT CONDUCT

Honor Code

It shall be the responsibility of every student at the University of North Carolina at Chapel Hill to obey and support the enforcement of the Honor Code, which prohibits lying, cheating, or stealing when these actions involve academic processes or University, student or academic personnel acting in an official capacity.

Campus Code

It shall be the further responsibility of every student to abide by the Campus Code; namely, to conduct oneself so as not to impair significantly the welfare or educational opportunities of others in the University community.

TO REPORT OR CONSULT ABOUT POSSIBLE VIOLATIONS OF THE CODE

Contact Either:

SOME PREMISES OF THE STUDENT JUDICIAL SYSTEM

The student judicial system is an administrative process designed to respond to allegations of student misconduct. While there are numerous similarities between the judicial system and a court of law, the system is not a criminal court.

The purpose of this system is to protect the academic process and the learning community and to uphold the values of academic and personal integrity. The system also strives to uphold the accused student's right to due process.

Upon enrollment in the University, all students, regardless of their status, agreed to uphold and abide by the Code of Student Conduct. This means that they agree to accept the consequences of their actions, should they violate the Code.

The University places a high value on student self-governance. As a result, the system is largely operated by students with significant support from the faculty and the administration. All sanctions are enacted by the Judicial Programs Officer on behalf of the administration.

STEPS TO REPORT A SUSPECTED VIOLATION OF THE CODE

1. If you are unsure whether the situation needs to be reported, please consult with the Judicial Programs Officer, or the Student Attorney General.

2. It is up to you (but we recommend it in most situations) whether you confront the student with your suspicion before notifying the Student Attorney General. You may ask the student to self-report. Regardless of the student's response, you are obligated to report possible violations.

3. Prepare a written report addressed to the Student Attorney General explaining what led you to believe a violation occurred and include all relevant facts, attempts to contact the student, etc.

4. Grade the work in question as if no violation has occurred and retain the student's earned grade until further notice. NOTE: If the incident occurs at the end of a semester or summer session, a temporary grade of "NG" should be entered on the grade report submitted to the Registrar until the case has been adjudicated. On the copy submitted to the Registrar, note in the margin next to NG, "possible judicial case".

5. Deliver your letter of complaint to the Office of the Student Attorney General or to the Judicial Programs Officer.

6. Collect and maintain any evidence (i.e., exams, papers, cheat sheets). You will be asked to provide the originals (or in some cases copies) to the Student Attorney General. Be certain to keep a back-up copy of materials for your own files.

7. The Student Attorney General will contact you to review the complaint before making a decision whether to charge the student.

THE ROLE OF THE STUDENT ATTORNEY GENERAL

The Student Attorney General receives complaints of alleged violations. These complaints may come from faculty, teaching assistants, staff, police, or students; any member or guest of the University community may file a complaint. The Student Attorney General then conducts a preliminary investigation and reviews available evidence. The purpose of the investigation is for the Student Attorney General to determine if a sufficient basis exists to suggest that a violation of the Code occurred. Innocence or guilt is not determined by the Student Attorney General. If the Student Attorney General believes that evidence suggests that a possible violation occurred, a charge will be filed against the student and a student court will be asked to hear the case. If there is not sufficient evidence, the matter is dropped. The Student Attorney General will notify you in either case.

THE STUDENT COURT HEARING

A student court hearing is scheduled when the investigation and defense have completed their preparation of the evidence. Hearings generally are not open to the public. In addition to the court members, the defendant and student counsel, investigator, and Assistant Student Attorney General are present for all phases of the hearing except during the private deliberations of the court. If you are called to testify, you will be present for only your testimony. You will be asked to read your statement concerning the alleged violation. You may then be asked questions by the investigator, defense counsel, court members, and maybe the defendant. Any questions which may be asked of you are designed to help the court in its effort to discern the truth. It is also important for you to know that, although we will make every reasonable effort to minimize impositions on your time, you will need to give the time necessary for the process to work. Before a sanction may be imposed, the Court must find the student guilty beyond a reasonable doubt. In an academic cheating case, the normal sanction is a suspension and a grade of "F" in the course.

Following the hearing, the judicial Programs Officer will notify you of the results of the hearing, or the status of the case if the defendant has filed for appeal of the lower court decision.

FACULTY RESPONSIBILITIES (as adopted by the Faculty Council)

The Honor Code makes honor a personal matter and calls upon students to act in ways that epitomize responsibility, respect for others and respect for their goal of achieving an education. It also calls upon all members of the University, students and faculty alike, to hold others in the community to the same standards of honest, responsible conduct.

The Instrument of Student Judicial Governance enumerates student responsibilities under the Code. Faculty also have a responsibility to communicate the Honor Code to students and to delineate in a clear manner the Code's application to class assignments. The following set of responsibilities have been adopted by the Faculty Council:

To inform students at the beginning of each course and at other appropriate times that the Honor Code, which prohibits giving or receiving unauthorized aid, is in effect. Where appropriate, a clear definition of plagiarism and a reminder of its consequences should be presented, and the extent of permissible collaboration among students in fulfilling academic requirements should be carefully explained.

• To identify clearly in advance of any examination or other graded work the books, notes or other materials or aids which may be used; to inform students that materials or aids other than those identified cannot be used; and to require unauthorized materials or aids to be taken from the room or otherwise made inaccessible before the work is undertaken.
  
• To require each student on all written work to sign a pledge when appropriate that the student has neither given nor received unauthorized aid. Grades or other credits should not be awarded for unpledged work.
  
• To take all reasonable steps consistent with existing physical classroom conditions-such as requiring students to sit in alternate seats to reduce the possibility of cheating on graded work.
  
• To exercise caution in the preparation, duplication and security of examinations (including make-up examinations) to insure that students cannot gain improper advance knowledge of their contents.
  
• To avoid, when possible, reuse of instructor-prepared examinations, in whole and part, unless they are placed on reserve in the library or otherwise made available to all students.
  
• To exercise proper security in the distribution and collections of examination papers; and to be present in the classroom during an examination when the instructor believes that his presence is warranted or when circumstances, in his opinion, make his presence necessary.
  
• To report to the Office of the Student Attorney General or the Office of Student Affairs any instance in which reasonable grounds exist to believe that a student has given or received unauthorized aid in graded work. When possible, consultation with the student should precede reporting. Private action as a sanction for academic cheating, including the assignment for disciplinary reasons for a failing grade in the course, is inconsistent with faculty policy and shall not be used in lieu of or in addition to a report of the incident.
  
• To cooperate with the Office of the Student Attorney General and the defense counsel in the investigation and trial of any incident of alleged violation, including the giving of testimony when called upon.

This faculty guide is a companion to The Instrument of Judicial Governance, the definitive document on student conduct and the judicial system. You may obtain a copy of The Instrument from the Judicial Programs Officer.

Back to The Dean of Students: How We Can Help You

Division of Student Affairs
University of North Carolina at Chapel Hill
Questions, Comments? Email us at dsa@unc.edu