1. Student Rights and Responsibilities
1.1 Students attend UNCP as a voluntary act and accept substantial benefits which the State of North Carolina provides. In taking such action, and accepting the benefits which accrue, students must accept the rules and regulations that have been developed pursuant to law.
1.2 Upon enrollment, a student receives no sanctuary from obedience to law. A student is not entitled to greater immunities or privileges before the law than those enjoyed by other citizens generally. In addition to the federal, state, and local laws that pertain to all citizens, a student must accept the institutional rules and regulations necessary to accomplish the purposes for which the institution was established. The student does not, however, lose constitutional or legal rights by an act of voluntary enrollment. The University of North Carolina Policy Manual (700.4.1) specifically refers to the important right of a fair hearing and due process. Federal and state statutes and court cases have established certain student rights which are not to be infringed upon, except in situations which are themselves outlined in law and court procedures. Among these are:
1.2.a No student may be denied access to university facilities or programs on the basis of race, color, national origin, religion, sex, age, sexual orientation, disability, or because of the individual’s honorable service in the Armed Services of the United States.
1.2.b No student may be denied the protection of the First Amendment of the Constitution of the United States and Article I of the Constitution of the State of North Carolina, which refer to freedom of speech, freedom of religion, freedom of the press, and freedom to assemble peacefully.
1.2.c No student may be denied the continuance of his/her education for disciplinary reasons without being afforded the right to due process.
2. Additional Rights Recognized by UNCP
2.1 The right to read and study free from undue interference in one’s room. (Unreasonable noise and other distractions inhibit the exercise of this right.)
2.2 The right to sleep, the right to one’s personal belongings, the right to free access to one’s room and suite facilities during the period that the residence halls are open, the right to a clean environment in which to live. (Optimum physical conditions are essential, as they support, reinforce, and provide positive conditions in which to learn and live.)
2.3 The right to redress of grievances. If the academic and residence hall communities are to function in the most educationally profitable manner, the right to initiate actions and referrals for impartial and fair adjudication of grievances is held paramount. In exercising this right, the student further holds the right to be free from fear or intimidation, physical and/or emotional harm, and without imposition of sanctions apart from the due process.
2.4 The right to personal privacy. All persons should have freedom from interference with their personal activities and should be able to maintain privacy for other than academic reasons.
2.5 The right to host guests. All students should have the opportunity to maintain personal contacts and friendships with other persons to fulfill their needs for socialization. Guests are to respect the above stated rights of the host’s roommates and of other residents.
Code of Conduct
See Code of Conduct
Responsibility to Report Criminal Violations and/or Dispositions
During a student’s period of enrollment at The University of North Carolina at Pembroke, should he or she be subject to any criminal charge and/or any disposition of a criminal charge, he or she must immediately notify the Office of Student Conduct in writing regarding the nature of the charge/offense and the disposition of the charge if applicable. A student does not have to notify the Office of Student Conduct regarding traffic-related misdemeanors unless the traffic-related misdemeanor involves alcohol or drugs (e.g., students are not required to report a speeding ticket, but they are required to report a Driving Under the Influence (DUI) ticket or Driving While Intoxicated (DWI) ticket).
University Judicial System
Subject to any policies or regulations of the Board of Governors or of the Board of Trustees, it shall be the duty of the Chancellor to exercise full authority in the regulation of student affairs and in matters of student discipline in the institution. In the discharge of this duty, delegation of such authority may be made by the Chancellor to faculty committees and to administrative or other officers of the institution, or to agencies of student government, in such a manner and to such extent as may by the Chancellor be deemed necessary and expedient. In the discharge of the Chancellor’s duty with respect to the matters of student discipline, it shall be the duty of the Chancellor to secure to every student the right of due process and fair hearing, the presumption of innocence until found guilty, the right to know the evidence and to face witnesses testifying against the student, and the right to such advice and assistance in the individual’s defense as may be allowable under the regulations of the University approved by the Chancellor. In those instances where the denial of any of these rights is alleged, it shall be the duty of the President of the University of North Carolina to review the proceedings.
Every student shall be bound by the Honor Code and the University Code of Conduct. The Code of Conduct shall prohibit actions and behaviors that are clearly inconsistent with the University’s expectation for membership in this community. The University Code of Conduct is is located on the Internet at the following address: www.uncp.edu/sa/handbook and is published in the Student Handbook, the University Catalog, and the Faculty Handbook. All adjudicatory power of the Student Body shall be vested in a system of hearing boards with recognition that ultimate responsibility must conform with the By-Laws of the University as established by the Board of Trustees.
Student Discipline Records
The University maintains for every student who has received any discipline sanctions a written discipline record. The file shall include the nature of the offense, the penalty assessed, and any other pertinent information.
Student Conduct discipline files are housed in the Office of Student Affairs for eight years and are then forwarded to the Registrar’s Office unless the sanction is suspension or expulsion. Suspension and expulsion files are kept in the Student Affairs Office indefinitely. Students suspended or expelled for disciplinary infractions will be entered into the Suspension/Expulsion database at UNC General Administration and will be available to all UNC campuses.
Academic Honor Code violations resulting in conviction will be kept in the Student Affairs Office for ten years. Pertinent information involving these cases will be transferred to the Registrar’s Office immediately after verdict.
Student discipline records are confidential in accordance with federal and state laws. The contents of the student’s discipline record may not be revealed to anyone not associated with campus discipline except upon written request of the student or a court-ordered subpoena.
The University of North Carolina at Pembroke Drug and Alcohol Policy
see The University of North Carolina at Pembroke Drug and Alcohol Policy