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2017-18 Student Code of Conduct

The Code of Conduct at North Carolina Central University
Students at North Carolina Central University (“NCCU”) are expected to abide by the rules and standards set forth in the Student Code of Conduct. Students are responsible for abiding by the Code in any locale, both on and off-campus. When a possible violation occurs, the student is referred to the Office of Student Conduct and Community Standards.
How the Student Conduct Process Works
If, in the course of the student’s meeting with a conduct officer, the student is determined to have violated the Code, the conduct officer will issue official University charges and recommend sanctions. Students typically are given up to 2 business days to decide if they would like to contest the charges or sanctions and ask for a hearing.
Student Conduct vs. The Legal System
The student conduct process is not attempting to determine whether a student has violated the law, but whether a student has violated the NCCU Student Code of Conduct. Therefore, the outcome of a student’s legal process is not relevant to the student conduct process. The concept of “double jeopardy” does not apply, as criminal proceedings do not offer exemption from civil or administrative proceedings. * There a few situations in which the legal outcome has relevance to the conduct process, but these are exceptions to the general rule.*
Due Process
Since the case of Dixon vs. Alabama State Board of Education in 1961, most student conduct processes must follow appropriate due process, including adequate notice of referral, right to a fair hearing and the right to an appeal. Regardless of the severity of the case, or belief of culpability, all due process procedures must be followed.  At NCCU, students may accept all or none of the charges and sanctions issued at a disciplinary conference. Students may choose instead to contest the charges that are issued in the disciplinary conference by requesting a hearing.
A student who has been referred for disciplinary action has certain due process rights, as does the complainant, according to the Student Code of Conduct. These rights can be found in Code under the section of Student and Complainant Rights. 
Student Rights and Burden of Proof
Student participation is always valued and encouraged. If a students declines to participate or speak in a conference or hearing, the disciplinary process will proceed without student involvement. A decision will be reached based on the information available to the conduct officer or hearing officer/board. In a hearing, the burden of proof is upon the University to establish that the student is responsible by preponderance evidence. All reasonable evidence, including hearsay, is admissible.
Roles and Expectations for Attorneys in a Disciplinary Conference
Students may ask any person to accompany them to a disciplinary conference. An attorney is welcome only with the student’s permission. The attorney may advise the student but may not disrupt proceedings and can be asked to leave at the discretion of the conduct officer.  A signed FERPA waiver and review of the Guide for Attorneys is required prior to any representative is permitted to serve as an advocate.
In a Hearing
An attorney cannot “represent” a student in a hearing but may be present.  If in attendance, an attorney may advise the student about answering questions that may be self-incriminating, but may not question any individual, raise objections, or otherwise participate in the hearing. Please note that hearings are typically audio recorded. In addition to an attorney, a student is allowed to have one family member present in the hearing if they choose. The advisor is not permitted to participate in questioning and address the hearing board.
Disciplinary Withdrawal
If the student has a pending legal case for the same incident and wishes to delay the student conduct process, s/he may ask for an Interim Sanction, which serves as a disciplinary withdrawal from the University. Upon withdrawing, the student may not attend classes, reside on campus, or use or visit facilities on NCCU’s campus. A notation of the withdrawal will appear on the student’s academic transcript. Additionally, a hold will be placed on his/her registration and s/he is not permitted to re-enroll until the Office of Student Rights and Responsibilities has removed this hold.
Published: Tuesday, August 15, 2017
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NCCU complies with Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in all programs and activities (including sexual harassment and sexual violence) in the University's educational programs and activities. For additional resources or to file a Title IX complaint, visit the NCCU's Title IX webpage.
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