Student Conduct

Blue Ridge Community College (“College”) students assume an obligation to conduct themselves in a manner compatible with the College’s function as an educational institution. The College has adopted basic standards of student conduct. These standards apply to the College campus, College activities including public service functions and other duly authorized or College-sponsored activities, either on or off the College premises. When these standards are violated, penalties may be incurred. Consequences for violations include, but are not limited to: warnings, fines, restitution, loss of privileges or access to campus resources, probation, suspension, or expulsion. The College reserves the right to withhold academic records or to deny registration for subsequent semesters.

If a student’s behavior simultaneously violates both College regulation and federal, state and/or local laws, the College may take disciplinary action independent of that taken by legal authorities.

The following regulation sets forth offenses for which disciplinary proceedings may be initiated. Violation of one or more of the following code provisions may result in one of the sanctions described in Procedure 4.15.1.1 – Discipline and Appeal Procedures for Academic Violations and/or Procedure 4.15.1.2 – Discipline and Appeal Procedures for Non-Academic Violations.

Academic Honesty Violations

A student who violates the academic honesty policy, either directly or indirectly, is immediately responsible to the instructor of the course. The following terms are defined:

Cheating

To practice or attempt to practice dishonesty or deception in the taking of tests or in the preparation or submission of academic work purporting to be one’s own; or to do any of the following without instructor permission; to copy or attempt to copy from another person’s test, paper, online file, or other graded work in a course; to allow someone to copy one’s test, paper, online file, or other graded work; to use during a testing period, or bring into a testing area with the intent to use, any notes or other materials which a student is not permitted to consult. Cheating also includes creating, falsifying, or misrepresenting any data in connection with a seated (traditional) class, lab, or online class or the act of giving any unauthorized assistance or collaboration in a learning environment.

Plagiarism

The act of copying a sentence, several sentences, or a significant part of a sentence that has been written by someone other than the person submitting the paper, and then neglecting to indicate through the use of quotation marks or blocking that the material has been copied; also, copying from another writer in such a way as to change one or two words in the sentence, or to rearrange the order of the wording, or to paraphrase, or summarize information and then neglect to furnish documentation. Failure to cite sources, when appropriate, is a form of dishonesty.

Online Identity

Any student registered in an online/hybrid course(s) will be the same student who participates in and completes the course or program and receives the credit for the online/hybrid course. Further, any student who allows his/her unique username and password to be used by another individual to complete an assignment or participation within the course will be in violation of this policy.

The acts of cheating and/or plagiarism shall encompass, but shall not be limited to the examples or context cited above.

Non-Academic Violations

Types of student conduct for which disciplinary proceedings may be initiated include but are not limited to the following:

Disruption of College

A student shall not by the use of violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or any other conduct intentionally cause the substantial and material disruption or obstruction of any lawful mission, process, or function of the College. Neither shall a student engage in such conduct for the purpose of causing substantial and material disruption if an obstruction is reasonably certain to result.

The following illustrates the kinds of offenses encompassed here:

occupying any College building, grounds, or part thereof, with intent to deprive others of its use;
blocking the entrance or exit of any College building or corridor or room therein with intent to deprive others of lawful access to or from, or use of, the building or corridor or room;
setting fire to or damaging any College building or property;
firing, displaying, or threatening the use of firearms, explosives, or other weapons on the College premises for any unlawful purpose;
prevention of or attempting to prevent by the physical act the convening or continued functioning of any College class, or activity, or of any lawful meeting or assembly on the campus;
preventing students from attending a class or College activity; except under the direct instruction of an administrator, blocking normal pedestrian or vehicular traffic on campus;
making noise or acting in any manner so as to interfere seriously with the instructor’s ability to conduct the class; and unruly conduct at a College activity, function, or event.
unruly conduct at a College activity, function or event.

Damage or Destruction of College Property

A student shall not intentionally cause or attempt to cause damage to College property or steal College property.

Damage or Destruction of Private Property

A student shall not intentionally cause or attempt to cause damage to private property or steal or attempt to steal private property on the College grounds. Repeated damage, theft, or fraud involving private property shall be a basis for long-term suspension or expulsion.

Physical Abuse of a College Employee, Student, or other Person not Employed by the College

A student shall not intentionally do bodily injury to any person. Neither self-defense nor action undertaken on the reasonable belief that it was necessary to protect some other person is to be considered an intentional act under this rule.

Trespass to Property

Students are trespassing if in an unauthorized area of the College campus; present on the College campus after closing hours (without permission); or remaining on the College campus after having been directed to leave by a College official.

Mental/Physical Abuse

Students shall not mentally or physically abuse any person on the College premises or at a College-supervised function, including verbal or physical actions that threaten or endanger the health or safety of any such persons.

Weapons and Dangerous Instruments

A student shall not knowingly possess, handle, or transmit any object that can reasonably be considered a weapon. Weapons and dangerous instruments are defined in Procedure 9.5.1.

Narcotics, Alcoholic Beverages and Stimulant Drugs

A student shall not knowingly possess, use, transmit or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, or intoxicant of any kind (including, but not limited to, bath salts, inhalants, or synthetic herbs). Use of a legal drug authorized by a medical prescription from a registered health care provider shall not be considered a violation of this rule; however, possession, use or transmittal of legal drugs that have been obtained illegally or without a prescription by a registered healthcare provider is prohibited.

Tobacco Use

A student shall not violate the College Tobacco-Free Campus regulations. Smoking and the use of smokeless tobacco products are prohibited on all College properties including inside any building or facility and on College grounds. Exceptions are limited only to smoking or the use of tobacco products inside the confines of a motor vehicle on College grounds. See Procedure 2.15.1.

Campus Parking and Traffic Regulations

A student shall not violate campus parking and traffic regulations. See Procedure 9.13.1.

Discrimination, Harassment, and Sexual-Based Offenses

For all issues related to this topic, see Procedure 3.15.1 and Procedure 3.19.1.

Computer Use

For all issues related to violations of the College Computer Use policy, see Procedure 8.1.3.

Disruptive Communications

A student shall not intentionally send electronic communications which disrupt the learning environment. In addition to items listed specifically in the College Computer Use procedures, this may include but is not limited to the use of profanity, insulting or harassing remarks in e-mail, discussions, chat, electronic text, or telephone communications. Violations may be grounds for the student to receive a failing grade, suspension, or expulsion.

Classroom Conduct

In addition to the other provisions contained herein, students will not engage in physical or verbal behavior that a reasonable person would view as interfering with the instructor’s teaching and/or learning in a classroom, whether online, hybrid or seated, or in the ability of other students to access information. Students may not defy reasonable directives by instructors pertaining to classroom behavior and rules. Students shall abide by instructor’s classroom rules. Students are expected to conduct themselves in accordance with generally accepted standards of scholarship and professionalism and behavior for a reasonably prudent community college student. While students are free to agree or disagree with their instructor and classmates, students will demonstrate their agreement or disagreement through reasonable and respectful behavior. This provision is not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting.

Field trips, Work-Based Learning (WBL), Job Shadowing, Events or any Academic-Related Off Campus Activity

Students shall abide by both the College’s Student Code of Conduct and any host facility rules. For Example, a host facility might dictate dress code, proof of US citizenship, drug screen, behavior and safety expectations, wearing of protective clothing or equipment, and/or prohibit the use of cell phones. This is not an exhaustive list. The instructor arranging the academic-related off-campus activity is responsible for obtaining and sharing as much of this information as possible prior to the actual event.

Public Laws/College Policy

Violations of any federal, state, or local laws occurring while on campus may lead to legal actions as well as campus discipline. Violations of federal, state, or local laws occurring off campus may result in disciplinary action if the student’s continued presence on campus constitutes a threat to the safety and order of the campus. Violations of College policies and procedures may result in disciplinary action.

Assault

Students shall not assault or threaten to assault another person for any reason whatsoever. Assault includes a demonstration of force, unlawful physical touching or striking. For sexual assault, see Procedure 3.19.1 Sexual Harassment and Violence.

Communicating Threats

Students shall not verbally, in writing, through a third party or by any other means threaten to physically injure another person or that person’s child, sibling, spouse, or dependent or willfully threaten to damage the property of another.

Bullying

Students shall not intimidate or threaten with harm any other individual. Bullying is defined as any pattern of gestures or written, electronic or verbal communications or any physical act or any threatening communication that takes place on the College premises or at any College sponsored function that: (a) places a person in actual and reasonable fear of harm to his or her property; or (b) creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities or benefits or a College employees ability to perform the essential functions of his/her job. Hostile environment means that the victim subjectively views the conduct as bullying and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying. A hostile environment may be created through pervasive or persistent misbehavior or a single incident if sufficiently severe.

Threats

Students shall not engage in any behavior that constitutes a clear and present danger to the physical and/or emotional well-being of the student and/or other students, faculty, and staff.

Tampering with Fire Alarms

Setting off a fire alarm or using or tampering with any fire safety equipment, except with the reasonable belief there is a need for such alarm or equipment.

Gambling

Students may not gamble on campus or at any College-affiliated activities or events.

Providing False Information

Students shall not present to the College or its employees false information as part of an investigation, inquiry, hearing or in other matters related to College activities; neither may a student knowingly withhold information which may have an effect on their enrollment or their status with the College.

Financial Impropriety

Financial impropriety such as failure to pay College-levied fines, failure to repay College-funded loans, misuse or failure to properly account for club or student organization funds, or the passing of worthless checks, drafts or orders to College officials.

Failure to Report Criminal Activity

Failure to inform the College, in writing, within five (5) days after he or she is convicted for violation of any federal, state, or local criminal drug statute or alcoholic beverage control statute where such violation occurred while on College property.

Unauthorized Access to College Records

Students may not access, view, copy or change official College records without expressed authority to do so.

Violation of Policies and Procedures

Students are expected to be familiar with the College’s policies and procedures. Students may be disciplined for failure to follow the College’s policies and procedures.

Behavioral Assessment Team

Not complying with a recommendation or directive by the Behavioral Assessment Team.

Discipline and Appeal Procedures for Academic Violations

(For issues related to discrimination, harassment, and sexual-based violence, see Procedure 3.15.1 and 3.19.1)

The following disciplinary and appeal procedures shall apply to all academic disciplinary matters. (See Procedure 4.15.1.1)

Discipline for Violations of Academic Honesty

In situations involving violations of academic honesty, the student’s instructor will take disciplinary actions that may include but are not limited to the following:

A written warning describing the offense and detailing further consequences should the infraction be repeated,
The instructor may assign a failing grade (“F” or zero”) for the course, any portion of the course, or a single assignment. If the course serves as a prerequisite for sequential courses within the curriculum, the student will not be able to progress in the program of study until completing the course with a passing grade.
Referral to the Vice President for Instruction for further disciplinary action.
The President or the President’s designee may suspend or expel a student if there are repeated violations of the Academic Honesty Policy. If a student violates this policy twice, the Vice President for Instruction may request that the President expel the student.

A student charged with a violation of Academic Honesty, outlined in Code of Conduct 4.15.1, has the right to appeal that decision using the process outlined below.

Academic Disciplinary Appeal Process

If a student is not satisfied with the Vice President’s or President’s recommendation for Disciplinary Action, within five business days’ receipt of the recommendation, the student may request, in writing to the President, a Judicial Board hearing. Upon receipt of the student’s request, the President shall convene a Judicial Board to hear the matter. The Judicial Board shall consist of three members: a Vice President (but not the Vice President for Instruction) who shall serve as the Chair; one faculty member appointed by the President who is not an interested party in the issue to be heard; and the President of the Student Government Association (SGA) or his/her designee who is also a member of the SGA.

The hearing shall be scheduled within ten business days of receipt of the student’s written request for a hearing or later if mutually agreed upon by the parties.

Within five business days from the hearing, the student must inform the President whether s/he will have legal counsel present. If the student does not provide timely notice, the Chair may continue the hearing until the College’s attorney can be present. The student is allowed to have legal counsel present but only in an advisory capacity. Legal counsel will not be allowed to address the Judicial Board. The College’s attorney will serve as procedural officer.

The Judicial Board hearing procedure shall be as follows:

The Chair shall introduce all present.
The student shall have the opportunity to present evidence and witnesses in support of his or her case. The Judicial Board shall have the opportunity to question the student and, if applicable, his or her witnesses.
The College administrator and/or other College representatives will present their evidence and witnesses in support of their case. The Judicial Board shall have the opportunity to question the administrator and/or other College representatives and, if applicable, their witnesses.
Both sides will have the opportunity to make a closing statement.
The Judicial Board shall deliberate in closed session. The College attorney may sit with the Judicial Board and provide legal advice should such advice be necessary. The North Carolina Rules of Evidence do not apply and all relevant evidence shall be included in the official record; however, in reaching its decision, the Judicial Board shall weigh and consider the credibility of the presented evidence.
The Judicial Board hearing shall be audio recorded and that recording shall serve as the official hearing minutes.

Within five business days of the hearing, the Chair shall, in writing, summarize the Judicial Board decision and send a copy to the parties and to the President.

If any of the parties are not satisfied with the Judicial Board’s decision, they may, within ten business days of the date of the decision, appeal, in writing, to the President. The Vice President for Instruction shall accept the appeal on behalf of the President. The President shall review the official record and the hearing minutes. If, after his or her initial review, the President needs additional information, he or she may ask the parties to supplement the official record by responding to his or her additional questions. Within ten business days of receipt of the party’s appeal, or an additional five business days after the official record has been supplemented, the President shall issue his or her final decision to affirm, reject, or modify the Judicial Board’s decision. A written copy of the President’s decision shall be sent to both parties. The President’s decision shall be final, subject only to the student’s right of appeal to the Board of Trustees. Any appeal of the President’s decision must be submitted, in writing, to the Board of Trustees, within ten business days of the date of that decision.

For an appeal to the Board of Trustees, a panel of the Board, as designated by the Chair, shall conduct an “on the record review” of the evidence presented at the Judicial Hearing. Within ten (10) business after receipt of the student’s appeal, unless the parties agree to a continuance, the Board panel shall meet and the President shall be granted an opportunity to address the Board panel in closed session. The student will also be given the same opportunity to address the Board panel. No new evidence shall be presented to the Board panel. The Board Attorney shall serve as the procedural officer. The Board panel will make a determination and inform the student in writing within five (5) business days.

Discipline and Appeal Procedures for Non-Academic Violations

Overview

The Vice President for Student Services is responsible for implementing these procedures.

These procedures apply to non-academic violations listed in 4.15.1 – Code of Student Conduct.

Progressive Discipline Model

Verbal/Written Warnings - If the student’s misconduct occurs in the classroom setting, where appropriate, instructors should provide verbal and/or written warnings to students regarding their misconduct and assess appropriate disciplinary action within the classroom setting.
Reprimand - Written communication from the Vice President of Student Services that gives official notice to a student that any further disciplinary offense will carry heavier penalties because of a prior infraction.
Suspension and Expulsion - If warranted by the facts and situation, even for first-time offenses, a student may be suspended, expelled or forfeit certain opportunities on campus.
Behavioral Assessment Form - If warranted, instructors may complete a Behavioral Assessment Form outlining the nature of the student’s misconduct and share the form with the Vice President for Student Services. Upon receiving the Behavioral Assessment Form, the Vice President may request a meeting with the student, reviewing the misconduct reported. As a result of the meeting, the student may be placed on probation, suspension, or expelled from campus.
Disciplinary Probation - Disciplinary probation results in loss of good standing and becomes a matter of record. While on disciplinary probation, the student will not be eligible for initiation into any local or national organization and shall not receive any College award or other honorary recognition. The student may not occupy a position of leadership or responsibility with any College or student organization, publication or activity. This sanction prohibits the student from officially representing the College or participating in any extracurricular activities including intramural competitions. Disciplinary probation will be in effect for not less than two (2) semesters including the current semester. Any further disciplinary offenses while under disciplinary probation will result in the student’s immediate suspension.
Removal from Class/Campus - If an act of student misconduct threatens the health, safety or well-being of any member of the academic community and/or seriously disrupts the function and good order of the College, an instructor may require that the student immediately leave the classroom setting and the instructor will thereafter immediately notify the Vice President for Student Services who will direct the student involved to cease and desist such conduct and advise them that failing to cease and desist will result in immediate dismissal from the class or campus. If the student fails to cease and desist, or if the behavior is such that the student needs to immediately be removed from campus or temporarily removed from a specific instructor’s class, the Vice President for Student Services may then immediately have the student temporarily removed from campus and/or from the specific instructor’s class. The Vice President for Student Services will also determine whether the student should be referred to the Behavioral Assessment Team. The College Vice President or instructor invoking the removal shall notify the Vice President in writing of the student involved and the nature of the infraction as soon as possible but no more than one (1) working day following the incident. Upon receipt of the College Vice President or Dean’s written notice, the Vice President shall meet with the student as soon as possible to allow the student to present his/her side. If, in the Vice President’s opinion, the student behavior threatens the health, safety and well-being of the College community, the Vice President shall place the student on temporary suspension pending the outcome of the disciplinary matter. Temporary suspension may be imposed only: (a) to ensure the safety and well-being of members of the College; (b) to ensure the student’s own physical or emotional safety and well-being; or (c) if the student poses a direct threat of substantial disruption or interference with the normal operations of the College.
Restitution - Paying for damaging, misusing, destroying or losing property belonging to the College, College employees or students. Restitution may take the form of financial payment or appropriate service to repair or otherwise compensate for such damages.
Withholding Academic Records and/or the Right to Register - Withholding transcripts, diplomas or the right to register or participate in graduation ceremonies is imposed when a student’s financial obligations are not met, or the student has a disciplinary case pending final disposition.
Temporary Suspension - The exclusion from all College property and all College activities pending the resolution of a disciplinary proceeding.
Disciplinary Suspension - The exclusion from all College property and all College activities for a specified period of time. This sanction is reserved for those offenses warranting discipline more severe than disciplinary probation. A student under disciplinary suspension must receive specific written permission from the Vice President before returning to campus. Disciplinary suspension appears on the student’s academic transcript.
Expulsion - Dismissal from the College. The student may be readmitted to the College only with the approval of the President. Expulsion appears on the student’s academic transcript.
Group Probation - Group probation is given to a College club or other organized student group for a specified period of time. If group violations are repeated during the term of probation, the charter may be revoked or activities restricted.
Group Restriction - Removing College recognition during the semester the offense occurred, or for a longer period (usually not more than one other semester). While under restriction, the group may not seek to add members, hold or sponsor events in the College community or engage in other activities as specified.
Group Charter Revocation - The removal of College recognition for a group, club, society or other organization for a minimum of two (2) years. Re-charter after that time must be approved by the President.

In addition to the above stated sanctions, the College may require counseling. The student may be required to attend one or more counseling sessions with a licensed professional counselor. The student may be required to complete counseling before returning to the College after a period of suspension or expulsion. The student must provide written documentation from the licensed professional that the requirement has been met. Additionally, if required by the Vice President, the student must also provide a statement from the licensed professional that the student is able to return to class based on his/her professional judgment. The student may be referred to the College’s Counseling Services at no charge or elect to use his/her own licensed professional counselor and bear the cost.

Disciplinary Procedures

To provide an orderly system for handling student disciplinary cases in accordance with due process and justice, the following procedures will be followed:

Incident Report - Any College employee or student may file written charges with the Vice President against any student or student organization for violations of the Student Code of Conduct. The individual(s) making the charge should complete and submit an Incident Report within five (5) business days of the incident given rise to the alleged violation.
Investigation and Determination - The Vice President shall investigate the charges and allegations. Within ten (10) business days after receipt of the incident report, the Vice President shall complete his/her investigation of the charges and shall meet with the student (or student representative(s) on behalf of a student organization), present the results of the investigation and provided the student (or student representative(s)) with an opportunity to present his/her side. After discussing the alleged infraction with the student, the Vice President may act as follows:
Drop the charges;
Impose a sanction; or
Refer the student(s) to a College office or community agency for services.

All disciplinary actions should be progressive in nature and should take into account the totality of the situation; however, depending on the severity of the infraction, even first-time offenses could result in suspension or expulsion.

Notification

Upon concluding an investigation into the matter, the Vice President for Student Services shall present the student with written notice of charges that provides a description of the alleged violations and a short factual summary. The notice shall also include recommended disciplinary action. If the student accepts the recommended disciplinary action, the matter will be closed. If the student is not satisfied with the Vice President’s recommendation, with five business days’ receipt of the recommendation, the student may request, in writing to the President, a Judicial Board hearing (see Disciplinary Appeal Procedure below).

The Vice President shall notify the President in writing of the student involved and the nature of the infraction as soon as possible but no more than one (1) working day following the incident.

Non-Academic Disciplinary Appeal Procedure

If a student is not satisfied with the Vice President’s recommendation for Disciplinary Action, within five business days’ receipt of the recommendation, the student may request, in writing to the President, a Judicial Board hearing. Upon receipt of the student’s request, the President shall convene a Judicial Board to hear the matter. The Judicial Board shall consist of three members: a Vice President (but not the Vice President for Student Services) who shall serve as the Chair; one faculty member appointed by the President who is not an interested party in the issue to be heard; and the President of the Student Government Association (SGA) or his/her designee who is also a member of the SGA.

The hearing shall be scheduled within ten business days of receipt of the student’s written request for a hearing or later if mutually agreed upon by the parties.

The Chair shall introduce all present.
The student shall have the opportunity to present evidence and witnesses in support of his or her case. The Judicial Board shall have the opportunity to question the student and, if applicable, his or her witnesses.
The College administrator and/or other College representatives will present their evidence and witnesses in support of their case. The Judicial Board shall have the opportunity to question the administrator and/or other College representatives and, if applicable, their witnesses.
Both sides will have the opportunity to make a closing statement.
The Judicial Board shall deliberate in closed session. The College attorney may sit with the Judicial Board and provide legal advice should such advice be necessary. The North Carolina Rules of Evidence do not apply and all relevant evidence shall be included in the official record; however, in reaching its decision, the Judicial Board shall weigh and consider the credibility of the presented evidence.
The Judicial Board hearing shall be audio recorded and that recording shall serve as the official hearing minutes.

Within five business days of the hearing, the Chair shall, in writing, summarize the Judicial Board decision and send a copy to the parties and to the President.

If any of the parties are not satisfied with the Judicial Board’s decision, they may, within ten business days of the date of the decision, appeal, in writing, to the President. The Vice President for Student Services shall accept the appeal on behalf of the President. The President shall review the official record and the hearing minutes. If, after his or her initial review, the President needs additional information, he or she may ask the parties to supplement the official record by responding to his or her additional questions. Within ten business days of receipt of the party’s appeal, or an additional five business days after the official record has been supplemented, the President shall issue his or her final decision to affirm, reject, or modify the Judicial Board’s decision. A written copy of the President’s decision shall be sent to both parties. The President’s decision shall be final, subject only to the student’s right of appeal to the Board of Trustees. Any appeal of the President’s decision must be submitted, in writing, to the Board of Trustees, within ten business days of the date of that decision.

The right to counsel. The role of the person acting as counsel is solely to advise the student(s). The counsel shall not address the Board.
The right to produce witnesses on one’s behalf.
The right to request, in writing, the President to disqualify any member of the Board for prejudice or bias. (The request must contain reasons). A request for disqualification, if made, must be submitted at least three (3) working days prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the President.
The right to present evidence under a preponderance of the evidence standard. In College student disciplinary proceedings, the College has the burden of proving violations of policy by a preponderance of the evidence, meaning “more likely than not” a policy violation occurred.
The right to know the identity of the person(s) bringing the charge(s).
The right to hear witnesses on behalf of the person(s) bringing the charge(s).
The right to testify or to refuse to testify without such refusal being detrimental to the student.

The Judicial Board hearing procedure shall be as follows:

Hearings before the Board shall be confidential and shall be closed to all persons except the following:
The student(s)
Counsel(s)
Committee Members
Vice President, or designee

The student shall have the opportunity to present evidence and witnesses in support of his or her case. The Judicial Board shall have the opportunity to question the student and, if applicable, his or her witnesses. Witnesses shall only be present in the hearing room when giving their testimony.

The College administrator and/or other College representatives will present their evidence and witnesses in support of their case. The Judicial Board shall have the opportunity to question the administrator and/or other College representatives and, if applicable, their witnesses.

Both sides will have the opportunity to make a closing statement.

The Judicial Board shall deliberate in closed session. The College attorney may sit with the Judicial Board and provide legal advice should such advice be necessary. The North Carolina Rules of Evidence do not apply and all relevant evidence shall be included in the official record; however, in reaching its decision, the Judicial Board shall weigh and consider the credibility of the presented evidence. Board decisions shall be made by majority vote.

The Judicial Board hearing shall be audio recorded and that recording shall serve as the official hearing minutes.

Within five business days of the hearing, the Chair shall, in writing, summarize the Judicial Board decision and send a copy to the parties and to the President.

If any of the parties are not satisfied with the Judicial Board’s decision, they may, within ten business days of the date of the decision, appeal, in writing, to the President. The Vice President for Student Services shall accept the appeal on behalf of the President. The President shall review the official record and the hearing minutes. If, after his or her initial review, the President needs additional information, he or she may ask the parties to supplement the official record by responding to his or her additional questions. Within ten business days of receipt of the party’s appeal, or an additional five business days after the official record has been supplemented, the President shall issue his or her final decision to affirm, reject, or modify the Judicial Board’s decision. A written copy of the President’s decision shall be sent to both parties. The President’s decision shall be final, subject only to the student’s right of appeal to the Board of Trustees. Any appeal of the President’s decision must be submitted, in writing, to the Board of Trustees, within ten business days of the date of that decision.

Student Voluntary Withdrawal

If a student is accused of violating the Student Code of Conduct and voluntarily withdraws prior to the conclusion of the disciplinary matter without the consent of the Vice President, the student will not be allowed to re-enroll to the College unless reasonable re-entry restrictions, as determined by the President, are satisfied. For students who withdrew prior to a determination regarding alleged misconduct that threatened the health, safety or well-being of any member of the academic community and/or seriously disrupted the function and good order of the College, in addition to other reasonable re-entry restrictions, the student must provide proof from a psychiatrist or licensed psychologist, at the student’s expense, that the student no longer poses a direct threat.

Student Grievance Procedure and Due Process

Academic Grievance: An academic grievance is academic in nature, and involves course content, grades and/or course assignments.

Informal Academic Grievance – Step One
The student will first go to the instructor and attempt to resolve the matter. Both the student and instructor will have a conference to discuss the situation and document in writing the attempts taken to resolve the grievance at this level. In the event that the student is unsatisfied with the resolution reached at the conference, he/she may proceed to Step Two within five (5) business days after the conference. Not proceeding to Step Two within the time period, and not providing documentation in writing, will result in the grievance not being heard and the matter being closed.

2. Formal Academic Grievance-Step Two

If the student is still dissatisfied with the instructor’s determination, within five (5) business days of the conference, the student will meet with the instructor and their supervisor. The student will present the instructor’s written determination. In cases where the student is unable to meet in person with the supervisor, the student may contact the supervisor by letter or email. The supervisor will then make a written determination and provide it to the student within five (5) business days after the meeting. The written determination may be sent as an email, certified letter, or hand delivered document. The supervisor’s decision is final.

3. If the student is still dissatisfied with the supervisor’s written determination the student may follow procedure 4.10.6 Grade Appeal at the end of the semester to appeal the final course grade.

Non-Academic Grievance: Does not involve course content, grades, and/or assignments.

Informal Grievance – Step One
In the event the alleged grievance lies with an instructor/staff member, the student must first go to that instructor/staff member and attempt to informally resolve the matter. Both the student and instructor/staff member must have an informal conference to discuss the situation and document the attempts taken to resolve the grievance at this level. In the event that the student is unsatisfied with the resolution reached at the informal conference, he/she may proceed to Step Two within ten (10) business days after the informal conference. Not proceeding to Step Two within the time period will result in the grievance not being heard and the matter being closed.

If the grievance concerns issues unrelated to a particular instructor/staff member (for example, an issue with College policy), the student can skip the informal process and proceed to Step Two.
Formal Grievance – Step Two
If the grievance is not resolved at Step One (or, given the nature of the grievance, Step Two begins the process) the student may file a written grievance with the Vice President for Student Services (“Vice President”). The written grievance must contain with specificity the facts supporting the grievance and the attempt, if applicable, to resolve the grievance at the information level.

The Vice President (or, depending on the nature of the grievance, another appropriate Vice President) shall review the written grievance and conduct whatever further investigation, if any, is necessary to determine any additional facts that are needed to resolve the grievance.

The Vice President shall provide his/her written decision within ten (10) business days after receipt of the grievance.

In the event that the student is unsatisfied with the resolution reached by the Vice President, he/she may proceed to Step Three within ten (10) business days after receipt of the Vice President’s written determination. Not proceeding to Step Three within the time period will result in the grievance not being heard and the matter being closed.
Appeal – Step Three
If the student is not satisfied with the Vice President’s determination, the student may appeal to the President. The appeal must be in writing and must provide a written summary of the specific facts and must contain any other documentation pertinent to the matter. The President will conduct an “on the record” review and, if necessary, conduct any further investigation that is necessary to ascertain the facts needed to make a determination. The President may, at his/her discretion, establish a committee to further investigate the matter and make a recommendation to the President.

At the conclusion of the investigation and not later than fifteen (15) business days after receipt of the student’s appeal (unless a committee is needed then within thirty (30) business days), the President shall provide a written decision to the student.

The President’s decision is final.