Code of Conduct and Discipline Regulation 802
|Regulation 802||Approved: February 17, 2011|
|UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Code of Conduct and Discipline Regulation 802
|Source of Authority:||UNC Policy § 700.4.2|
|History:||First Issued: February 17, 2011|
|Related Policies:||UNC Code § 502D(3);
UNC Policy § 700.4.1;
UNC Policy § 700.4.2;
UNC Policy § 700.4.3[G];
Alcohol Regulation 102;
Facilities Use Policy 402;
Grievance (Students) Regulation 805;
Illegal Drugs Policy 702;
Political Activities Regulation 116;
Prohibited Harassment & Title IX Regulation 121;
Smoking Regulation 703;
Technology Use Regulation 508;
Threat Assessment Regulation 704;
Weapons Regulation 705
|Effective Date:||February 17, 2011|
This regulation is intended to inform all members of the UNCSA of the responsibility for establishing guidelines for conduct and for overseeing the administration of student discipline and the limited scope of the Board of Trustees in such matters.
Faculty and students share in the responsibility for maintaining an environment in which academic freedom flourishes and in which the rights of each member of the academic community are respected. Students, specifically, must conduct themselves in a manner that helps to enhance an environment of learning in which the rights, dignity, worth, and freedom of each member of the academic community are respected.
Balancing these freedoms and responsibilities can be challenging. The UNCSA Board of Trustees is committed to preserving and protecting these freedoms, while recognizing that certain conduct which intentionally targets a person or identifiable group of persons based upon the person’s or identifiable group’s race, color, religion, national origin, gender, sexual orientation, gender-identity, creed, disability, or veteran status may interfere with the University’s core mission of advancing knowledge and understanding. This regulation is not intended to expand the legal rights of any person or identifiable group of persons under state or federal law.
The first goal of this institution is to educate the students admitted to its programs. The freedom of students to learn is an integral and necessary part of the academic freedom to which the University and its constituent institutions are dedicated. UNCSA shall not abridge the freedom of students engaged in the responsible pursuit of knowledge or their right to fair and impartial evaluation of their academic performance.
This regulation applies to all UNCSA students.
A. Students at UNCSA shall comply with the applicable Student Code of Conduct.
B. All students shall be responsible for conducting themselves in a manner that helps to enhance an environment of learning in which the rights, dignity, worth, and freedom of each member of the academic community are respected.
C. In applying policies and regulations in the area of student discipline, UNCSA adheres to the requirements of due process as set forth in Section 502 D (3) of the University Code and Section 700.4.1 of the UNC Policy Manual.
D. The following statements shall be included in any UNCSA Student Code of Conduct:
1. The University embraces and strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the U.S. Constitution and the North Carolina Constitution. The University has the right under appropriate circumstances to regulate the time, place, and manner of exercising these and other constitutionally protected rights.
2. 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 of each member of the academic community are respected.
3. 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.
E. The following provisions addressing specific student conduct that could lead to disciplinary action shall be included in any UNCSA code of student conduct:
1. No student shall threaten, coerce, harass or intimidate another person or identifiable group of persons, in a manner that is unlawful or in violation of a constitutionally valid University policy, while on University premises or at University-sponsored activities based upon the person’s race, color, religion, national origin, gender, sexual orientation, gender-identity, creed, disability, or veteran status.
2. No student shall engage in unlawful harassment leading to a hostile environment. Unlawful harassment includes conduct that creates a hostile environment by meeting the following criteria: It is:
a. Directed toward a particular person or persons;
b. Based upon the person’s race, color, religion, national origin, gender, sexual orientation, gender-identify, creed, disability, or veteran status;
d. Severe or pervasive;
e. Objectively offensive; AND
f. So unreasonably interferes with the target person’s employment, academic pursuits, or participation in University-sponsored activities as to effectively deny equal access to the University’s resources and opportunities.
3. In determining whether student conduct violates these provisions, all relevant facts and circumstances shall be considered. Care must be exercised in order to preserve freedoms of speech and expression, as articulated in current legal standards. Advice should be sought from UNCSA’s General Counsel as appropriate.
F. Education & Advancement. University attorneys, student affairs personnel, and campus law enforcement shall familiarize themselves and remain current regarding legal standards applicable to targeting individuals based upon race, color, religion, national origin, gender, sexual orientation, gender-identify, creed, disability, or veteran status through
1. Unlawful threats, OR
2. Unlawful harassment creating a hostile environment as defined in this regulation.
V. Revision History
A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual
UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Code of Conduct & Discipline Procedures
I. Penalties. Disciplinary measures and/or penalties shall be in accordance with procedural and substantive due process safeguards applicable to disciplinary actions as required by Section 502D(3) of The Code and the UNC Policy Manual § 700.4.1, which are incorporated by reference in this regulation.
II. Notice Requirements
A. The applicable Student Code of Conduct must define prohibited conduct and specify the sanctions that may be imposed for each category of prohibited conduct.
B. Ranges of violations and ranges of sanctions are permissible. Progressive sanctions for multiple violations are also permitted.
III. Conduct Policy Committee
A. The Chancellor is responsible for ensuring that the Student Code of Conduct and sanctions are reviewed at least annually to ensure that the Code, rules, and regulations are up to date and that the students have notice of any changes.
B. The Conduct Policy Committee will review the Code, rules, regulations, and sanction provisions and approve any changes.
C. The Conduct Policy Committee will be composed of a representative from each school, high school and college academic programs, campus police, and student life, with non-voting input from the Student Government Association (SGA) and High School Student Government (SG).
D. The Conduct Policy Committee shall provide an annual report to the Educational Planning and Policies/Student Life Committee of the Board of Trustees summarizing actions and changes.