Rights and Responsibilities
Students whose conduct is under review based on the Code have the following rights:
3.1.1 Written notice of the charges as described in these Procedures. Written notice of the charges will be provided to the student within thirty (30) days of the report of misconduct being made, unless extenuating circumstances require a longer time period. A designated University official may investigate such reports prior to determining whether a formal charge should be brought against a student or student group/organization. As outlined in Appendix G, investigations for reports of Relationship or Interpersonal Violence or Sexual Misconduct (as defined in sections 10.14, and 10.15 of the Code) shall be investigated by the Office for Institutional Equity and Diversity (OIED). Ultimately, the Office of Student Conduct will determine whether to issue formal charges accusing a student or student group/organization of violating the Code. The constitutional prohibition against double jeopardy in criminal cases does not apply to student disciplinary proceedings. The university may impose disciplinary sanctions even where there has been a criminal proceeding disposing of the same matter. Accordingly, the university may pursue charges for a violation of the Code where corresponding criminal charges have been reduced, declined, or dismissed.
3.1.2 In cases that could result in a sanction of suspension or expulsion, the written notice of hearing shall include information specific to the factual allegations and references to possible sanctions.
3.1.3 Reasonable access, to the extent permitted by law, to the respondent’s case file in the Office of Student Conduct.
3.1.4 Explanation of the procedural alternatives available within the university disciplinary process.
3.1.5 To be presumed not responsible unless proven by a preponderance of the evidence to have violated the Code.
3.1.6 To respond to the information presented and to question witnesses, through a hearing board or Hearing Officer. Respondents in disciplinary proceedings are expected to answer questions concerning their conduct. Disciplinary proceedings are administrative in nature and the person or board reviewing the case needs to have all relevant information available in order to reach a result. If the respondent refuses to answer questions, a decision will be made based upon the information present in the record. Students whose alleged misconduct may subject them to criminal proceedings should consult with their own legal counsel regarding their rights.
3.1.7 To deny responsibility (without being charged for lying in relation to that denial) if proven responsible. However, a student may be charged, or be subjected to more stringent sanctions, for lying about the facts of the case.
3.1.8 To appeal an adverse decision as described below in section 7.
3.1.9 To review the Code and these Procedures.
3.1.10 When enrolled and formally charged with non-academic misconduct, to be represented by an attorney or other advocate at the respondent’s own expense, during a Disciplinary Conference, Mutual Agreement, Administrative Hearing, or Interim Suspension hearing.
3.1.11 To waive any of the above rights, provided that the waiver is made freely and in writing.
Complainant’s Rights for Relationship or Interpersonal Violence or Sexual Misconduct
The complainant in a case involving charges of Relationship or Interpersonal Violence or Sexual Misconduct (as defined in sections 10.14 and 10.15 of the Code), shall have the following rights:
3.2.1 To make reports of misconduct through the Office for Institutional Equity and Diversity, University Police, the Office of Student Conduct, or other University Responsible Employees, as defined by NCSU REG 04.25.06.
3.2.2 To pursue criminal charges or civil action or to file a complaint with the U.S. Department of Education, Office of Civil Rights (without University assistance).
3.2.3 To receive an explanation of the applicable charges from the Office of Student Conduct.
3.2.4 To receive an explanation of the procedural alternatives available within these Procedures for making reports of misconduct against a student.
3.2.5 To have all reports of misconduct investigated by the Office for Institutional Equity and Diversity, who may confer with University Police or the other University officials as appropriate. And to receive a copy of the investigation report upon completion.
3.2.6 To receive contact and referral information from staff in the Office for Institutional Equity and Diversity, the Office of Student Conduct, University Police, or other appropriate University offices for University-based support services.
3.2.7 To be free from retaliation, harassment and intimidation from respondents, other students, Student Groups, or Student Organizations and others as the complainant engages in this process.
3.2.8 To be a witness in the disciplinary process, and to know the results of the process to the extent allowed under state and federal laws and University policies.
3.2.9 To question the respondent, investigators, and witnesses through a Hearing Officer.
3.2.10 To have a single observer at the hearing for support, to have the same access to the proceedings as the respondent, to be free of irrelevant questions about sexual history, to make an impact statement prior to imposition of sanctions if the respondent is found responsible, and to appeal a decision based on grounds described in section 7.
3.2.11 To have an Attorney/Non-Attorney Advocate present at the hearing, at his/her own expense.
Responsibilities of Respondents, Complainants, and Witnesses
Participants in the student conduct process have the following responsibilities:
3.3.1 To know and adhere to the Code.
3.3.2 To be honest and complete in all information provided in this process.
3.3.3 To attend all meetings, conferences, or hearings in a timely fashion.
3.3.4 For respondents, to complete any sanctions imposed for violating the Code and consistent with the decision and deadlines administered in their case.
3.3.5 To participate in a manner that is civil and respectful.
3.3.6 For complainants and respondents, to have the opportunity to present their case and secure the presence of any witnesses who will speak on their behalf.