Mission

NC Wesleyan University is committed to creating a safe living and learning environment with an atmosphere of mutual respect where all students belong. It is expected that all members of the University community will act in a manner that is supportive of this end. As such, the mission of the University’s student conduct process is to assist students with personal reflection, growth and learning which lead to their success. Recognizing that people do not always make the best decisions, the conduct process seeks to pair student advocacy with accountability. The purpose of the student conduct process is to educate, not punish. The University believes learning takes place throughout the campus and during every part of a student’s life. If a student’s behavior violates University policy, that experience provides an opportunity for the student to understand and accept the consequences for their actions, reflect on the decision-making process that led to those actions, and determine how they will learn and grow from the experience. The student conduct process facilitates this learning process.

It is the intent of the student conduct process to handle each violation of the Code of Student Conduct in an individual manner. The system is designed to treat each student fairly and consistently, while acknowledging that each situation is different and similar violations may require different outcomes.

Our mission is guided by the following principles and values:

The University has high behavioral expectations for all members of the campus community which include acting in a manner that is considerate of other community members.
Each member of the campus community is responsible for their decisions and must be accountable for the outcomes of those decisions (both positive and negative).
All members of the campus community play an important role in the establishment of behavioral norms and expectations as well as ensuring accountability among members.
Balancing the needs/interests of individuals with those of the greater community is important.
The student conduct process, including policies and procedures, should balance the creation of a safe living and learning environment with the protection of individual rights and freedoms.
The student conduct process should seek to utilize educational and restorative components to assist students in self-reflection and learning outcomes.
Students should be treated as individuals, considering personal, cultural, environmental, and other factors that might influence behavior.
The student conduct process should be fair and impartial while recognizing that each situation and student is unique.
All participants in the conduct process are expected to act with integrity and honesty.
A student found responsible for a violation is not defined by this finding. It is not a character indictment to be found in violation of University policy.
Personnel involved in the student conduct process should have the necessary skills and training to effectively carry out the mission.

Student Conduct Process

-complaint is filed
-investigation is conducted
-notice of charges and summons issued for conduct conference to the respondent
-conduct conference is held with the appropriate conduct body, and
-notice of findings and conference outcomes is issued at the completion of the conference.

A case is considered closed when the respondent is found “not responsible” for all violations OR the respondent is found responsible for one or more violations and all educational sanctions have been completed.

Complaint/Filing a Report

Any member of the University community may file a complaint against a student for violations of the Code of Student Conduct. Complaints must be made in writing and submitted to the Dean of Students. A report created by Student Affairs staff (Resident Advisors, Area Coordinators) or Campus Security will be considered a complaint. Any complaint should be submitted as soon as possible after the event takes place.

Investigation

Upon receipt of the complaint, the Dean of Students or designee may investigate to determine if there is a reasonable suspicion of any violations of policy by the respondent(s). This may include questioning students, gathering statements, reviewing evidence, or interviewing witnesses. Campus Safety may also assist in investigations where appropriate. If it is determined there is a reasonable suspicion of a policy violation, the Dean of Students or designee will determine possible policy violations and assign the complaint to be heard by the most appropriate conduct body. If deemed appropriate, the Dean of Students may decide to use alternative measures to the conduct process to resolve complaints. (See Alternative Measures to the Conduct Process).

Notice of Charges and Conference

The respondent (the student alleged to have violated the code) will receive notification of the date and time for the student to meet with the conduct body for the conference. This notification will be sent at least 24 hours prior to the conference and will be communicated via campus email. Students are strongly encouraged to check their email daily.

NOTE: At the time of the conference, if a student is not enrolled (taking classes) in the University, conferences may still be conducted and students requested to participate. This includes when a student withdraws from the University prior to the completion of the Student Conduct Process. If a conference cannot be conducted or the Dean of Students decides to defer the conference, the respondent’s Student Conduct Record will reflect the pending conduct violation. The respondent will be required to have the case resolved through the Student Conduct process prior to readmission to the University. Additionally, this information may be communicated to other schools that the respondent is considering attending when records are requested and authorized to be released by the respondent.

Summary Resolution

Summary resolution occurs when the respondent accepts responsibility for all alleged violations and resultant conduct status and sanction(s) as determined by the Dean of Students or designee. This acceptance must be either in writing and signed by the student or received directly from the student’s campus email account. The respondent would then have a meeting with the Conduct Officer for an educational conversation about the incident and discussion of the outcomes that would be assigned to the student.

Conduct Conference

There are two types of conduct conferences: an administrative conference and a University Honor Board conference (see Conduct Bodies and Conferences for descriptions). The conference will consist of the respondent, the complainant (if not an official incident report), the conduct body, and any relevant witnesses. Most often, the incident report initiated by a University official will stand as his/her statement and a complainant will not be present, but there may be other witnesses that the conduct body deems appropriate and relevant. Respondents will have an opportunity to make a statement to the conduct body and to question any witness. Questioning will be halted if it becomes abusive or repetitive. In complaints/incidents involving more than one respondent, the conduct body has discretion to determine if the conferences concerning each respondent will be conducted separately or jointly.

NOTE: The respondent may bypass the conference by accepting Summary Resolution.

When an organization reportedly violates conduct standards, the allegation(s) shall be investigated by the DOS or his/her designee. The President and Advisor of the organization will be notified of the allegation(s) and the investigation. The president of the organization shall act as the representative of the organization throughout the disciplinary process unless he/she designates this responsibility to another active member of the organization by notifying the DOS in writing. All subsequent references herein to ‘respondent’ with respect to this process shall be deemed to apply in the same manner and to the same extent to any accused student organization, proceeding through its representative.

Evidence

The standard of proof used by NC Wesleyan University for proving violations is by ‘clear and convincing’ evidence. This means that the evidence presented must prove that the contention (allegation) is substantially more likely to be true than that it is to be not true. A student’s prior conduct record is not considered when determining responsibility. However, it is considered in determining educational sanctions and conduct status for students found responsible for a violation.

Notification of Findings and Conference Outcome

Respondents will receive written notification of the outcome of the conference and of educational sanctions and conduct status (if any). In addition to written notification, an in-person or phone meeting may take place to deliver the outcome.

Complainants or victims of a crime of violence or a non-forcible sex offense are allowed by law to request (in writing) and receive notification of a conference outcome for any conduct proceeding against a student who is the alleged perpetrator of such crime or offense. If the victim is deceased, this information will be provided, upon request, to the next of kin of the alleged victim.

Conduct Bodies and Hearings

A respondent who challenges an alleged violation will have one of two types of conferences. The type of conference the respondent has depends on the severity of the possible outcome if they are found responsible. The conduct body, which may be an individual or group of individuals, are trained in the conduct policies and process and believe in the educational value of the conduct process. Conferences are designed to determine what was more likely than not to happen during an incident as well as help those involved learn and grow from the incident.

Conduct bodies include professional Residence Life staff, the Dean of Students or designee, and the University Honor Board.

Administrative Conference

The administrative conference occurs when the respondent wishes to challenge one or more alleged violation(s) but is not facing suspension or expulsion (level 3) as a possible outcome if found responsible.

The conduct body is typically a single University administrator who has been trained in the student conduct policies and process.
The conduct body will conduct a conference to determine whether the respondent is responsible or not responsible.
A respondent is not required to attend the conference, but is strongly encouraged to do so. If the respondent does not attend, the conference will be conducted in absentia and decisions will be based on all available information without the respondent’s input. It is a respondent’s responsibility to regularly check his/her campus email account, and therefore a respondent who misses a conference because they did not read their notice will not be excused for missing the conference.
The conference is intended to be educational and may include a conversation on how the respondent is doing in classes, activities, in the residence halls, and life in general. Though these factors may not determine if the respondent is responsible, it will help the conduct body and respondent understand the full impact the incident has had on them and the community.
The respondent will have the opportunity to discuss his/her perspective on the incident, accept or not accept responsibility for each alleged violation, and ask and answer questions about the incident.
A respondent may present witnesses or statements from witnesses. If the respondent has witnesses, they should alert the conduct body no later than one (1) business day body prior to the conference. (see Witnesses)
The respondent may have an advisor present during the conference. (see Conduct Conference Advisor)
Following the conduct conference, the conduct body will decide if the respondent is responsible or not responsible for each violation. If responsible, the conduct body will assign appropriate outcomes. (see Conference Outcome)

University Honor Board Conference

The University Honor Board meets when the respondent wishes to challenge one or more alleged violation(s) AND the outcome for responsibility could result in suspension or expulsion (level 3) from the University. All University Honor Board conferences are recorded.

NOTE: When time constraints make convening the University Honor Board impractical (i.e. beginning and end of the semester, Summer Sessions, etc.), these cases will be heard by one or more trained administrator(s) selected by or including the Dean of Students. Cases that involve violations of the Title IX Policy will be addressed per the process outlined in the Title IX Policy.

The following describes the University Honor Board:

University Honor Board members are University students, faculty, and staff trained in the student conduct policies and process. Members are volunteers and will be selected by the Dean of Students. Each member is appointed for a one-year term and may be reappointed for subsequent years.
When a University Honor Board conference is necessary, five (5) University Honor Board members will comprise the University Honor Board for that conference. These members are selected by the Dean of Students based on available members. At least two of the Honor Board members must be students.
The Dean of Students will appoint one member to serve as the Chair for each conference. The Chair will fully participate in that conference with the additional responsibilities to conduct the conference, maintain order, and adhere to the student conduct process during the conference. The Chair will also call for and collect the votes of each member during the deliberation process.
Each member of the University Honor Board in the conference will have one vote, including the Chair.
Although consensus on all decisions is preferred, the decision of the University Honor Board shall be by majority vote.
Members who believe they have a conflict of interest in a case they have been assigned to hear should notify the Dean of Students of that conflict in order to be replaced by another board member. A member who knows a respondent, complainant, or witness, or who may have general knowledge of the incident does not necessarily have a conflict of interest with the case. A member must decide if he or she is able to be fair and impartial when listening to the evidence of the case and deciding on responsibility.
The Dean of Students will serve as the administrator for the conference. This person may be present during the conference and deliberations. Their role may include, but not limited to; setting up the conference space; directing witnesses when to enter the conference; maintaining recording equipment; answering questions which clarify have a vote nor do they share information with the board members which is known to him/her of the student or the case which was not presented during the conference for the purpose of deciding responsibility. The Dean of Students or designee will present evidence, both inculpatory and exculpatory, to the Board that was discovered in the investigation of the report. The administrator may share information on the respondent’s conduct history, academic record, and other relevant information when/if deliberations on appropriate educational sanctions and conduct status is taking place.

The following is an example of the process during a University Honor Board conference. As each case is unique, each conference’s process may differ:

The Chair calls the conference to order; reminds all persons of the confidentiality requirements; notes the day, date, and time of the conference; and informs participants that the conference is being recorded.
The Chair will introduce all participants, including the Dean of Students and any designees present.
The Chair will ask the respondent(s) if s/he has any challenge to the objectivity of any member of the University Honor Board. If so, the respondent must state the reason for the challenge. The board will then meet privately to consider the challenge and determine whether the member should be excused from the conference. A respondent whose challenge is successful is, by action, waiving his/her right to an Honor Board Conference with the full five-member panel.
The Chair will inquire if the respondent has read all reports associated with this case (the report is included in the Notice of Charges and Conference).
The Chair will state alleged violations of the Code of Conduct. Respondent will be asked to respond with one of three responses: responsible, not responsible, or no contest.
The Chair recognizes the complainant(s) (if present) and allows each complainant to make an opening statement (statements should be related to the incident).
The Chair recognizes the respondent and allows the respondent(s) to make an opening statement (statements should be related to the incident).
If the University issued the complaint (incident report), the University (Dean of Students or designee) will present evidence at this time.
The complainant will have an opportunity to respond to/comment on the evidence presented.
The respondent will have an opportunity to respond to/comment on the evidence presented.
The University Honor Board members will have an opportunity to ask questions of the complainant and respondent.
Witnesses, if any are brought into the conference individually to present their statements. The complainant(s), respondent(s), and University may present witnesses who have knowledge of the incident (see Witnesses). The University Honor Board members, the complainant(s), and respondent(s) may ask questions of each witness. Each witness is dismissed after questions are completed.
The respondent may respectfully ask questions of the complainant. The Chair reserves the right to rule on the admissibility of any question or to halt questioning that is irrelevant or abusive.
The complainant may respectfully ask questions of the respondent. The Chair reserves the right to rule on the admissibility of any question or to halt questioning that is irrelevant or abusive.
The complainant(s) may make a closing statement.
The respondent(s) may make a closing statement.
The University Honor Board members may ask any final questions of any participant.
The Chair will end the conference and the respondent(s), complainant(s), and advisors will be dismissed. The administrator will meet briefly with each respondent and complainant to set up a time to deliver the outcome.
The University Honor Board members will enter closed deliberations for its decision. The University Honor Board’s deliberations are closed and deliberations are not recorded.

Findings/Conference Outcomes

A student found responsible for a violation of a policy will be assigned a conduct status and educational sanction(s) by the conduct officer/body. Additionally, notification of the outcome will be given to appropriate individuals as described below. Each student’s case is decided based on its own merit and the conduct officer/body has the authority to adjust a status and/or sanction under extenuating circumstances.

For violations that involve local, state, and/or federal law, conduct decisions and outcomes issued by NC Wesleyan University are separate and distinct from any legal action taken by the courts. As the NC Wesleyan University Conduct system operates under the guidelines of ‘clear and convincing’ evidence (see Student Conduct Process: Evidence), it is possible to be found not guilty or have the case dismissed in the courts and be found responsible in the NC Wesleyan University student conduct process.

Conduct Status

The following are each considered a conduct status, from least severe (Written Warning) to most severe (Expulsion). A student found responsible for violating a policy will be placed on one of these statuses. A student may be placed on any status regardless of his/her previous conduct history, or lack thereof, and which is the most appropriate status in relation to the policy found responsible for violating. Being found responsible for a subsequent violation may result in being placed on a more severe status. A Conduct Status may be appealed in accordance with the Appeal process outlined in the Student Conduct Process section.

Good Standing: Students in good standing have no current conduct issues. This is the default standing of all entering students.
Written Warning: Written warnings are issued to warn students that further misconduct may result in more severe conduct status or higher-level educational sanctions. Since a student’s conduct history is cumulative, a student who is on a Written Warning status and allegedly violates the Code of Student Conduct may have the violation handled as if it were a higher level than listed in the Code of Student Conduct (i.e. a second Level 1 alcohol possession violation may be handled as a Level 2 case). Written Warnings are in place for an indefinite amount of time. (Level 1)
Conduct Probation: Conduct probation may be issued for any violation of University policy. Conduct probation is for a specified period of time. Any violation that occurs during this probationary period will result in a more severe sanction up to and including separation from the University. (Level 2 or Level 3)
Suspension/Deferred Suspension: Suspension indicates a separation of a student from the University for a specified time, after which the student may apply for readmission to the University. The effective start and end date of the suspension is determined by the conduct body. The student will be eligible to apply for readmission and be re-enrolled after the end date. Applications for readmission are not guaranteed. If a suspension is put in place immediately, the student is typically given 24 hours to remove themselves and their belongings from campus housing, unless the Dean of Students or designee deems that the student’s presence on campus during that time would be detrimental to the student or campus community. The student is expected to take care of financial and academic matters as well as personal belongings during that time. A suspension may also be deferred until a later date, typically the day after the last day of the current semester. The conduct body may determine that the student’s conduct was severe enough to warrant a separation from the University, but there are mitigating circumstances to allow the student to continue being enrolled for the current semester. A student on Deferred Suspension may attend classes, activities, and events on campus (unless additional sanctions limiting participation are assigned by the conduct body). If a student is found responsible for violating University policy while on Deferred Suspension, he/she will be immediately suspended (or expelled, if decided by the conduct body) from the University. While on suspension, a student is considered persona non grata and may not be on NC Wesleyan University property or attend University-sanctioned events. A student not adhering to this persona non grata policy will face legal implications, including arrest. The student is considered persona non grata until he/she re-enrolls in the University. (see Trespass – persona non grata)
Expulsion: Expulsion is the permanent separation of the student from the University and its premises. It is the most severe status that the University imposes. An expulsion is effective immediately upon communication to the student. At the time of expulsion, the student is typically given 24 hours to remove themselves and their belongings from campus housing, unless the Dean of Students or designee deems that the student’s presence on campus during that time would be detrimental to the student or campus community. The student is expected to take care of financial and academic matters as well as personal belongings during that time. An expelled student is considered persona non grata and no longer allowed to be on NC Wesleyan University property or attend events sponsored by the University. A student not adhering to this persona non grata policy will face legal implications, including arrest. The student is considered persona non grata until he/she re-enrolls in the University. (see Trespass – persona non grata)

Suspension/Expulsion at NC Wesleyan University: There are multiple reasons which could lead to a student being separated from NC Wesleyan University. If any of the following apply, a suspension or expulsion could occur:

Being found responsible for a Level 3 violation;
Being found responsible for multiple violations in one incident or over the course of several incidents; and/or,
Failure to comply with an educational sanction by the due date.

Educational Sanctions

Educational sanctions that correspond to the three levels of student conduct violations at NC Wesleyan University include, but are not limited to:

Counseling Referral: A counseling assessment may be required in an effort to help the student address issues he/she may be facing. The student may utilize counseling services available at NC Wesleyan University or, at the student’s own expense, other licensed mental health care professionals. Proper release paperwork must be signed by the student to allow the Office of Student Affairs to verify the assessment has taken place. The counselor may recommend further sessions with the student and it is the choice of the student whether they continue with those services. (Level 1, 2, or 3)
Community Service: Community service consistent with the violation may be assessed. (Level 1 or 2)
Educational Modules: The University offers several educational modules that aim at educating students about certain topics, including conflict management, anger issues, and decision-making. (Level 1, 2, or 3)
Loss of Privileges: A student may forfeit certain privileges for a specified amount of time due to a failure to properly utilize those privileges. Examples of privileges include but are not limited to: housing, visitation; parking; participating in campus activities, intramurals, athletic events; and utilizing campus facilities. (Level 2 or 3)
Restitution: The student is required to make payments to the University or other persons, groups, or organizations for damages incurred as a result of an act of prohibited conduct. Any restitution assessed to student accounts must be paid in full prior to the release of grades or transcripts. Unpaid restitution is subject to collections as allowed by law. Students should note that financial aid cannot be used to pay restitution assessed due to a student conduct action. (Level 1, 2, or 3)
Restorative Justice: A restorative justice experience will focus on restoring to the victim what was taken and/or repairing harm imposed on a community. The victim could be an entire community or specific students, staff or faculty. Examples of restorative justice include restorative justice circle (discussion between the student and victims), community service related to nature of the incident (up to 40 hours), presenting a program related to the nature of the incident, establishing a mentoring relationship with a faculty or staff member, or shadowing staff/faculty during specified activities. (Level 1, 2, or 3)
Written Reflection: This sanction may be imposed on a student with an expectation that the student will take time to reflect on their choices and the consequences associated with those choices through written reflection. (Level 1, 2, or 3)

Notification

In the event a student is found responsible for violating a policy, the following people could be notified: Parents/Guardians (dependent students only), Academic Advisor, professional Residence Life staff (residential students only), and other need-to-know NC Wesleyan University faculty and staff. Notification is not considered a sanction and is not grounds for appeal as outlined in the Student Conduct Process.

Student’s Rights in the Conduct Process

The following are rights each student has during the conduct process – they are neither inclusive nor absolute. In each case, the student is responsible for invoking each right and following the policies and procedures outlined. A student’s failure to use one or all of these rights does not constitute a deviation of the student conduct process. These rights are designed to help the student through the process and assist the conduct officer/body and University in making the best decision in each case.

Accommodations

The conduct officer/body may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, respondent, and/or other witnesses during the conference by providing separate facilities, and/or by permitting participation by telephone, skype, video conferencing, videotape, audio tape, written statement, or other means as determined appropriate in the judgment of the Dean of Students or designee. If a student participating in the conduct conference requires reasonable accommodations under the Americans with Disabilities Act, they should notify the Dean of Students in a reasonable timeframe after receiving notification of the conference date and time, and prior to the start of the conference. All attempts will be made to provide reasonable accommodations.

Appeal Process

Both the complainant and the respondent have the right to appeal any decision made by the conduct body. In order for an appeal to be considered, it must first meet one of the following criteria:

Information is now available that was not available at the time of the initial decision.
A procedural error occurred during the student conduct process which could have materially affected the finding. Dissatisfaction with the outcome of the conference is not acceptable as the basis for an appeal.

Appeals:

Must be in writing and submitted via the respondent’s campus email account to the Dean of Students.
Students must file the written appeal within two (2) business days from the date of the decision (i.e. the decision was delivered on Thursday, the appeal must be received no later than the following Monday, assuming a normal business week).
Appeals must state the criteria used for the basis of the appeal and provide relevant information and/or documentation to support the appeal.

For appeals of decisions made as a result of an administrative conference:

The Dean of Students shall review the written appeal to determine if it meets one of the stated criteria for an appeal.
If the appeal is not based on one of the above criteria, the Dean of Students shall notify the student of such and deny the appeal.
If the appeal meets criteria, the Dean of Students will consider the appeal and deliver a decision within three (3) business days in writing via email to the student.
In cases where the Dean of Students has a conflict of interest, the University Provost will review and consider, when applicable, the appeal.

For appeals of decisions made as a result of a University Honor Board conference:

The Dean of Students shall review the written appeal to determine if it meets one of the stated criteria for an appeal.
If the appeal is not based on one of the above criteria, the Dean of Students shall notify the student of such and deny the appeal.
If the appeal meets criteria, the University Provost will consider the appeal and deliver a decision within three (3) business days in writing via email to the student.

Appeal Considerations

If an appeal has been determined to meet the criteria, it will be placed under consideration with the appropriate appellate officer. The appeal consideration will use the following guidelines:

The appellate officer will have three (3) business days to consider and decide on the appeal.
The appellate officer shall consider all documentation and information from all applicable sources in reaching their decision.
The appellate officer will not re-hear the case, but will use available information to determine if the appeal has merit. They may request a meeting with any party that participated in the original hearing, including respondents, complainants, conduct conference personnel, witnesses, etc.
Upon reaching a decision, the appellate officer shall notify the student and applicable offices of the decision via email within three (3) business days. The written notification shall include a clear rationale for the decision.
The decision of the appellate officer is final.

The appellate officer, upon consideration of the appeal, may take any of the following actions:

Affirm the decision(s) and conduct status and/or sanction(s) of the initial conduct body in their entirety.
Affirm the decision(s) but amend the conduct status and/or sanction(s) imposed by the initial conduct body to a lesser conduct status or sanction(s).
Order a new hearing before the initial conduct body or a new conduct body with written notification to the new conduct body of the appellate officer’s concern(s) leading to its decision, if it determines that the conduct conference procedure was not substantially followed and the error(s) egregiously violated the student’s right to a fair and impartial conference.
Overturn the decision of the initial conduct body and remove the Conduct Status and/or sanctions imposed if it determines the new evidence that was not available at the time of the initial conference would exonerate the appellant.

Conduct Conference Advisor

Complainants and respondents are allowed to have a member of the faculty, staff, or an actively enrolled NC Wesleyan University student serve as an advisor during the conduct conference. The advisor cannot have another role during the conduct conference (i.e. respondent, complainant, or witness). During the conference, the advisor will be seated next to the complainant or respondent they are advising. The respondent/complainant and advisor may speak quietly to each other during the conference; however, the advisor may not ask questions to any other participants, including the conduct body, witnesses, other complainants, or other respondents. The advisor cannot speak for the respondent or complainant. Their primary role is to support the complainant or respondent. Parents/guardians and attorneys are not allowed to attend conduct conferences.

Witnesses

The complainant, the respondent, and the University may arrange for witnesses to present information at the conference. Witnesses must have pertinent, first-hand knowledge of the incident. As such, character witnesses are not allowed at any conference as they do not contribute to an understanding of the incident.

If the respondent or complainant has witnesses, they should:

Provide the name and contact information for each witness and how they relate to the incident to the conduct body (Dean of Students for University Honor Board cases) at least one (1) business day prior to the conduct conference. The Conduct Body will try to arrange the attendance of witnesses who are members of the University community, if reasonably possible.
Have each witness provide a written statement, either a signed handwritten letter or from their own campus email account. Statements should give a complete account of their knowledge of the incident. Statements should be submitted to the Conduct Officer/Body at least one (1) business day prior to the conduct conference.
Ask each witness to be available from the start time of the conference through at least 30 minutes afterward for administrative conferences and one hour afterward for University Honor Board conferences. Students should not miss class to be a witness in a conference. During the conference, witnesses will provide information to and answer questions from the conduct body, and may be asked questions by the complainant and/or respondent, as deemed appropriate by the conduct officer/body.

The University may also arrange to have witnesses’ present information at the conference. Faculty and staff may be asked to be a witness during a conference, but their obligations may not allow the time to attend the conference. Written statements will be accepted from faculty and staff in these cases. A staff member involved in the investigation of an incident may use the report they submitted as their witness statement.

Alternative Measures to the Student Conduct Process

The Office of Student Affairs recognizes that there may be incidents when, in the best interests of those involved and/or the community, the formal Student Conduct Process may not be appropriate or necessary but the behavior and decisions of those involved should be addressed in order for all to learn and grow from the incident. In these cases, the following options are available to the Office of Student Affairs to address these concerns

Amnesty

Students are encouraged to exercise their ethical responsibility to assist others who are in need, especially in emergencies. The amnesty policy encourages students to seek immediate medical assistance for themselves or others whenever there is a concern about extreme intoxication, alcohol poisoning, drug overdose, and/or sexual misconduct that threatens someone’s health and safety.

When a student requests medical assistance (for self or someone else) because that individual has consumed too much alcohol or drugs and/or is at risk for being a victim of sexual misconduct, neither student will be subject to Student Conduct proceedings for the consumption. Amnesty does not preclude Student Conduct proceedings for other violations of University policy, nor does it protect intoxicated students from actions taken by local, state, or federal authorities, except where students may be protected by law. Additionally, A student who reports sexual misconduct will not be subject to conduct proceedings for his/her own personal consumption or possession of alcohol at or near the time of the incident, provided that the consumption or possession did not place the health and/or safety of any other person at risk or violate additional University policies. When seeking immediate medical attention, contact 911, then contact Campus Security at (252) 406-7928. First responders will determine the next steps in aiding, and Campus Security will report the name of the student needing attention and any students witnessing the incident to the Dean of Students for any follow-up deemed necessary by the Dean of Students.

When deemed appropriate, the amnesty policy is an option, not a requirement, for students involved in the incident. If a student decides to accept this option, in lieu of the student conduct process and following the receipt of the report by the Dean of Students, the following procedures will be implemented:

Any student in the incident will be required to meet with the Dean of Students or his/her designee to discuss the incident. The Student Affairs Office will contact the student to arrange the meeting.
Following the meeting with the Dean of Students, the student requiring medical attention must meet with the Director of Counseling Services or designee for an informal alcohol/drug assessment. The student must complete the assessment and any resulting treatment or educational recommendations by a deadline specified by the Dean of Students in consultation with the Director of Counseling Services or designee.
The student meeting with the Director of the Counseling Center will be required to sign a release allowing the Director of the Counseling Center or designee to communicate with the Dean of Students. This release will be limited as to protect the student’s confidentiality as much as possible. The student will be asked to give permission for the Director of Counseling Services or designee to disclose whether or not the assessment and any resulting recommendations have been completed.
The failure of a student to attend the meeting with the Dean of Students and/or complete the assessment or resulting treatment or educational recommendations from the Counseling Center may result in a referral to the Dean of Students for further action.

Educational Conversations/Restorative Justice

In some instances, typically in first-time low-level violations, the Dean of Students or designee may attempt to resolve complaints and alleged violations of the Code of Student Conduct through Educational Conversations or Restorative Justice practices. These initial attempts at resolving issues would not be considered sanctions, as they would happen before any official process in the conduct system. Participation from all involved parties would be voluntary. If a resolution is successful, involved students would not have any violations or sanctions placed in their Student Conduct Record. However, if the Dean of Students determines that a resolution was not achieved or all parties do not wish to participate, the Dean of Students reserves the right to resolve any complaints through the most appropriate method.

Summary Actions Taken by the University

At times, the University may have to take actions to mitigate risks to individuals and/or the community. These actions are not considered outcomes or sanctions. Their issuance is not to be used as evidence during any conduct conference to determine a student’s responsibility for violating a policy. Because of the possible impact on a student’s status and accessibility to University resources and activities, each action is considered carefully before being implemented.

Temporary Removal from Campus

At the sole discretion of the Dean of Students or designee and to help ensure the safety and well-being of the University Community, the University may impose Temporary Removal from Campus for a student who is suspected of (1) violating the Code of Student Conduct and (2) the student’s presence is viewed as a threat to the University community, property, and/or disrupting normal University functions. Student Conduct proceedings shall be scheduled as soon as practical following the temporary removal from campus.

A temporary removal from campus:

Becomes immediately effective without prior notice;
Means that the student is persona non grata (see Trespass-persona non grata below) and not allowed to be on property owned or controlled by NC Wesleyan University at any time until the case has been resolved through the Student Conduct Process or the accusation has been dismissed upon investigation. Exceptions may be granted by authority of the Dean of Students. The student is permitted to return to campus for the purpose of participating in a student conduct conference;
Means a student shall be ineligible to attend classes. The student may contact his/her instructors via email/telephone to request assignments during this period – granting the request is at the sole discretion of the instructor;
Is not an outcome of the conduct process nor a conduct status. Due to the impact this action may have on a student’s academic status, the student’s instructors will be notified as well as other need-to-know staff. To ensure the student’s well-being during the temporary removal from campus, the student’s parent/guardian, if a dependent, will be contacted;
Shall not be used as evidence in any conduct conference;
Is in effect until the Dean of Students or designee communicates otherwise or the student has had a conduct conference on the related matter.

No Contact Order

The Dean of Students or designee may determine, either in her/his assessment of a situation or at the request of an individual, that two or more individuals should no longer have contact with each other in order to maintain a safe environment, promote civility, and for the general well-being for those individuals and/or the campus community. In those cases, a “No Contact Order” may be issued verbally and/or in writing between a student and other members of the NC Wesleyan University community, including others students, faculty, or staff.

A no contact order:

Between students is always mutual, meaning both parties receive the same order.
Between student(s) and faculty, staff or other nonstudents prohibits the student(s) from communicating with each other and with the specified faculty, staff or other non-student(s).
Does not require agreement or prior notice to either or all parties.
Can be issued prior to or as a result of a conduct conference, or entirely outside of a student conduct process for a specified or unlimited duration of time.
Prohibits all forms of communication between designated students or from designated student(s) to specified faculty, staff, or nonstudent(s), direct or indirect, written, electronic (including all forms of social media) or through a third party (i.e. friends, family).
Are not similar to court-imposed restraining orders and do not guarantee that designated parties will avoid sightings or passing interactions on the campus or in the local community.
May restrict a student from parts of the campus provided that the restricted student would not have to engage in required academic activities in that part of campus (exceptions are handled on a case-by-case basis).
Does not become part of a student’s conduct record unless the student violates the order as determined through the student conduct process.
Is not considered an outcome nor a conduct status.
May not be used as evidence during a conduct conference unless the alleged violation is failure to comply with the same “No Contact Order”.
Is in effect until the Dean of Students or designee communicates otherwise. Students who are concerned about personal safety should contact Campus Security at 252-406-7928

Trespassing (persona non grata)

As a private institution, NC Wesleyan University reserves the right to consider any individual persona non grata and issue a ‘no trespassing’ order to any person whose presence it deems undesirable. Subsequent trespassing on NC Wesleyan University premises will result in legal action. All University property is private property.

Any student who is on a conduct status of suspension or expulsion, or whose enrollment has been terminated by NC Wesleyan University for any student conduct or academic reason may not be present on University premises or at a University-sponsored event at any time during the period of suspension/expulsion without prior written approval from the Dean of Students or designee.

Any student who has been removed from the residence halls may not visit the residence halls or vicinity while in commuter status. Students violating these policies will be issued a trespassing warning and will further jeopardize their standing with the University.

Parent/Guardian Involvement

The University understands and values the unique and special relationship that can exist between parents/guardians and their students. The University desires to foster free and open communication with parents/guardians. Developmental and legal issues guide the University as it relates to communication and involvement with parents/guardians and students in resolving conduct issues. Any student enrolled in the University, regardless of age, is no longer considered a minor from an educational standpoint. The Family Educational Rights and Privacy Act (FERPA) clarifies and limits the amount of information a University is allowed to share with anyone, including parents/guardians, regarding any student. Additional information regarding FERPA may be found at https://ncwu.edu/consumer-information/.

During the course of a students’ University experience, there is always the possibility of an incident that requires intervention and decision-making by an appropriate University official. NC Wesleyan University encourages parents/guardians to communicate with their students about their University experience in a healthy way, while realizing that this communication could be different than when the student was in high school. NC Wesleyan University encourages parents/guardians to hold regular conversations on academic course work, involvement in clubs and organizations, relationships with friends and roommates, and the overall University experience. Additionally, NC Wesleyan University encourages parents/guardians to talk with their student about what information is expected to be shared and what information can be distributed to them by the University. Students may voluntarily choose to disclose their educational records to parents/guardians by completing a FERPA waiver, found at https://ncwu.edu/campus-life/resources/registrar/.

NC Wesleyan University encourages parents/guardians to contact the University with any questions or concerns.

Student Conduct Records

Student conduct records are maintained in the Office of Student Affairs. The provisions of the Family Educational Rights and Privacy Act govern accessibility to these records. Student Conduct records are personal and confidential. Students may inspect their records during normal working hours. University officials who have professional justification for such information may also inspect these records. Students should also be aware that institutions to which they may apply typically request a conduct report on potential students to help determine whether or not to admit that student. The University does not provide copies of video or audio recordings of conduct conferences for students.

Purpose

The students of the College assume certain responsibilities for upholding and maintaining the standards and expectations of the community to which they belong. The College recognizes that people do not always make the best decisions. As adults and responsible citizens, we are responsible for the decisions we make and the consequences of those decisions, whether positive or negative. The student conduct process is intended to give students the best opportunity to learn from their decisions and resultant actions which may have violated College policy. The purpose of the student conduct process is to educate, not punish. The College believes learning takes place throughout the campus and during every part of a student’s life. If a student’s behavior violates College policy, that experience provides an opportunity for the student to understand and accept the consequences for his/her actions, reflect on how he/she made decisions that lead to those actions, and determine how he/she will learn and grow from the experience. The student conduct process facilitates this learning process. The College takes an advocacy and accountability approach – we will advocate for students throughout the process while holding them accountable for their actions.

Every member of the NC Wesleyan University community deserves respect, safety, security, and freedom from undue distractions in the pursuit of education and participation in college and social activities. To this end, the student conduct process will address issues of student conduct and behavior that may be harmful or disturbing to other students, college personnel, or college and community property.

Student Conduct Process

The student conduct process includes several phases and is directed out of the Office of the Dean of Students. The phases described below are general descriptions of a typical process and not inclusive of every case, as each case is unique. The typical phases in the process are: the complaint; an investigation; notice of charges and summons given for hearing; and notice of findings and conference outcomes. A case is considered closed if the respondent is found “not responsible” of all violations or when all educational sanctions are complete.

Complaint/Filing a Report
Any member of the college community may file a complaint against a student for violations of the Code of Student Conduct. Complaints must be made in writing and submitted to the Dean of Students. A report created by Student Affairs staff (Assistant Directors, Resident Advisors, Community Directors) or Campus Security will be considered a complaint. Any complaint should be submitted as soon as possible after the event takes place.

Investigation
Upon receipt of the complaint, the Dean of Students may conduct an investigation to determine if there is a reasonable suspicion of any violations of policy by the respondent(s). This may include questioning students, gathering statements, reviewing evidence, or interviewing witnesses. Campus Safety may also assist in investigations where appropriate. If it is determined there is a reasonable suspicion of a policy violation, the Dean of Students or designee will determine possible policy violations and assign the complaint to be heard by the most appropriate conduct body. If deemed appropriate, the Dean of Students may decide to use alternative measures to the conduct process to resolve complaints. (See Alternative Measures to the Conduct Process).

Notice of Charges and Conference
The respondent (the student alleged to have violated the code) will receive notification of the date and time for the student to meet with the conduct body for the conference. This notification will be sent at least 24 hours prior to the conference and will be communicated via campus email. Students are strongly encouraged to check their email daily.

NOTE: At the time of the conference, if a student is not enrolled (taking classes) in the College, conferences may still be conducted and students requested to participate. This includes when a student withdraws from the college prior to the completion of the Student Conduct Process.

If a conference cannot be conducted or the Dean of Students decides to defer the conference, the respondent’s Student Conduct Record will reflect the pending conduct violation. The respondent will be required to have the case resolved through the Student Conduct process prior to readmission to the College. Additionally, this information may be communicated to other schools that the respondent is considering attending when records are requested and authorized to be released.

Summary Resolution
Summary resolution occurs when the respondent accepts responsibility for all alleged violations and resultant conduct status and sanction(s) as determined by the Dean of Students or designee. This acceptance must be either in writing and signed by the student or received directly from the student’s campus email account. The respondent would have a meeting with a Student Affairs staff member to have an educational conversation about the incident and discuss the outcomes that would be assigned to the student.

Conduct Conference
There are two types of conduct conferences: an administrative conference and a College Honor Board conference (see Conduct Bodies and Conferences for descriptions). The conference will consist of the respondent, the complainant, the conduct body, and any relevant witnesses. Most often, the incident report initiated by a college official will stand as his/her statement, but there may be other witnesses that the conduct body deems appropriate and relevant. Respondents will have an opportunity to make a statement to the conduct body and to question any witness. Questioning will be halted if it becomes abusive or repetitive. In conferences involving more than one respondent, the conduct body may permit the conferences concerning each respondent to be conducted either separately or jointly.

NOTE: The respondent may bypass the conference by accepting Summary Resolution.

Evidence
The standard of proof used by NC Wesleyan University for proving violations is by ‘clear and convincing’ evidence. This means that the evidence presented must prove that the contention (allegation) is substantially more likely to be true than that it is to be not true. A student’s prior conduct record is not considered when determining responsibility. However, it is considered in determining educational sanctions and conduct status for students found responsible for a violation.

Notification of Findings and Conference Outcome
Respondents will receive written notification of the outcome of the conference and of educational sanctions and conduct status (if any). In addition to written notification, an in-person or phone meeting may take place to deliver the outcome. Parents/guardians of dependent students* receive written notification of the outcome via mail if there is a finding of responsibility.

*Dependency is determined by the Office of Financial Aid.

Conduct Bodies and Hearings
A respondent who challenges an alleged violation will have one of two types of conferences. The type of conference the respondent has depends on the severity of the possible outcome if they are found responsible. The conduct body, which may be an individual or group of individuals, are trained in the conduct policies and process and believe in the educational value of the conduct process. Conferences are designed to determine what was more likely than not to happen during an incident as well as help those involved learn and grow from the incident.

Conduct bodies include professional Residence Life staff, the Dean of Students or designee, and the College Honor Board.

Administrative Conference
The administrative conference occurs when the respondent wishes to challenge one or more alleged violation(s) but is not facing suspension or expulsion as a possible outcome if found responsible.

The conduct body is typically a single college administrator who has been trained in the student conduct policies and process.
The conduct body will conduct a conference to determine responsibility.
A student is not required to attend the conference, but is strongly encouraged to do so. If the student does not attend, the conference will be conducted in absentia and decisions will be based on all available information. It is a student’s responsibility to regularly check his/her campus email account, and therefore a student who misses a conference because they did not read their notice will not be excused for missing the conference.
The conference is intended to be educational and may include a conversation on how the student is doing in classes, activities, in the residence halls, and life in general. Though these factors may not determine if the respondent is responsible, it will help the conduct body and respondent understand the full impact the incident has had on them and the community.
The respondent will have the opportunity to discuss his/her perspective on the incident, accept or not accept responsibility for each alleged violation, and ask and answer questions about the incident.
A respondent may present witnesses or statements from witnesses. If the respondent has witnesses, they should alert the conduct body no later than one (1) business day before the conference and have the witnesses provide written statements to the conduct body prior to the conference. (see Witnesses)
The respondent may have an advisor present during the conference. (see Conduct Conference Advisor)
Following the conduct conference, the conduct body will decide if the respondent is responsible or not responsible for each violation. If responsible, the conduct body will assign appropriate outcomes. (see Conference Outcome)

College Honor Board Conference
The College Honor Board meets when the respondent wishes to challenge one or more alleged violation(s) AND the outcome for responsibility could result in suspension or expulsion from the college. All College Honor Board conferences are recorded.

When time constraints make convening the College Honor Board impractical (i.e. beginning and end of the semester, Summer Sessions, etc.), these cases will be heard by one or more trained administrator(s) selected by or including the Dean of Students. Cases that involve violations of the Sexual and Gender Discrimination, Harassment, and Misconduct Policy will be addressed per the process outlined in the Sexual and Gender Discrimination, Harassment, and Misconduct Policy (Title IX Policy).

The following describes the College Honor Board:

College Honor Board members are College students, faculty, and staff trained in the student conduct policies and process. Members are volunteers and will be selected by the Dean of Students. Each member is appointed for a one-year term and may be reappointed for subsequent years.
When a College Honor Board conference is necessary, five (5) College Honor Board members will comprise the College Honor Board for that conference. These members are selected by the Dean of Students based on available members. At least two of the Honor Board members must be students.
The Dean of Students will appoint one member to serve as the Chair for each conference. The Chair will fully participate in that conference with the additional responsibilities to conduct the conference, maintain order, and adhere to the student conduct process during the conference. The Chair will also call for and collect the votes of each member during the deliberation process.
Each member of the College Honor Board in the conference will have one vote, including the Chair.
Although consensus on all decisions is preferred, the decision of the College Honor Board shall be by majority vote.
Members who believe they have a conflict of interest in a case they have been assigned to hear should notify the Dean of Students of that conflict in order to be replaced by another board member. A member who knows a respondent, claimant, or witness, or who may have general knowledge of the incident does not necessarily have a conflict of interest with the case. A member must decide if he or she is able to be fair and impartial when listening to the evidence of the case and making a decision on responsibility.
The Dean of Students will serve as the administrator for the conference. This person may be present during the conference and deliberations. Their role may include, but not limited to; setting up the conference space; directing witnesses when to enter the conference; maintaining recording equipment; answering questions which clarify policies and procedures; and helping facilitate deliberations. The administrator does not have a vote nor do they share information with the board members which is known to him/her of the student or the case which was not presented during the conference for the purpose of deciding responsibility. The administrator may share information on the respondent’s conduct history, academic record, and other relevant information when/if deliberations on appropriate educational sanctions and conduct status is taking place.

The following is an example of the process during a College Honor Board conference. As each case is unique, each conference’s process may differ:

The Chair calls the conference to order; reminds all persons of the confidentiality requirements; notes the day, date, and time of the conference; and informs participants that the conference is being recorded.
The Chair will introduce all participants, including the Dean of Students.
The Chair will ask the respondent(s) if s/he has any challenge to the objectivity of any member of the College Honor Board. If so, the respondent must state the reason for the challenge. The board will then meet privately to consider the challenge and determine whether the member should be excused from the conference. A respondent whose challenge is successful is, by action, waiving his/her right to an Honor Board Conference with the full nine-member panel.
The Chair will inquire if the respondent has read all reports associated with this case (the report is included in the Notice of Charges and Conference).
The Chair will state alleged violations of the Code of Conduct. Respondent is allowed to agree or disagree regarding responsibility for violation(s).
The Chair recognizes the complainant(s) and allows each complainant to make an opening statement (statements should be related to the incident). If the College issued the complaint, the College will present evidence at this time.
The Chair recognizes the respondent and allows the respondent(s) to make an opening statement (statements should be related to the incident).
The College will present evidence if a complainant is not present.
The College Honor Board members may question the complainant and respondent.
Witnesses, if any are brought into the conference individually to present their statements. The complainant(s), respondent(s), and College may present witnesses who have knowledge of the incident (see Witnesses). The College Honor Board members, the complainant(s), and respondent(s) may ask questions of each witness. Each witness is dismissed after questions are completed.
The complainant(s) may make a closing statement.
The respondent(s) may make a closing statement.
The College Honor Board members may ask any final questions.
The Chair will end the conference and the respondent(s), complainant(s), and advisors will be dismissed. The administrator will meet briefly with each respondent and complainant to set up a time to deliver the outcome.
The College Honor Board members will enter closed deliberations for its decision. The College Honor Board’s deliberations are closed and deliberations are not recorded.

Conference Outcomes
A student found responsible for a violation of a policy will be assigned a conduct status and educational sanction(s) by the conduct body. Additionally, notification of the outcome will be given to appropriate individuals as described below. Each student’s case is decided based on its own merit and the conduct body has the authority to adjust a status and/or sanction under extenuating circumstances.

Conduct Status

The following are each considered a conduct status, from least severe (Written Warning) to most severe (Expulsion). A student found responsible for violating a policy will be placed on one status. A student may be placed on any status regardless of his/her previous conduct history, or lack thereof, and which is the most appropriate status in relation to the policy found responsible for violating. Being found responsible for a subsequent violation may result in being placed on a more severe status. A Conduct Status may be appealed in accordance with the Appeal process outlined in the Student Conduct Process section.

1. Written Warning: Written warnings are issued to warn students that further misconduct may result in more severe conduct status or higher level educational sanctions. Since a student’s conduct history is cumulative, a student who is on a Written Warning status and allegedly violates the Code of Student Conduct may have the violation handled as if it were a higher level than listed in the Code of Student Conduct (i.e. a second Level 1 Alcoholic Beverages violation may be handled like a Level 2 case). Written Warnings are in place for an indefinite amount of time. (Level 1)

2. Conduct Probation: Conduct probation may be issued for any violation of college policy. Conduct probation is for a specified period of time. Any violation that occurs during this probationary period will result in a more severe sanction up to and including separation from the college. (Level 2 or Level 3)

3. Suspension/Deferred Suspension: Suspension indicates a separation of a student from the College for a specified time, after which the student may apply for readmission to the College. The effective start and end date of the suspension is determined by the conduct body. The student will be eligible to apply for readmission and be re-enrolled after the end date. Applications for readmission are not guaranteed. If a suspension is put in place immediately, the student is typically given 24 hours to remove themselves and their belongings from campus housing, unless the Dean of Students or designee deems that the student’s presence on campus during that time would be detrimental to the student or campus community. The student is expected to take care of financial and academic matters as well as personal belongings during that time. A suspension may also be deferred until a later date, typically the day after the last day of the current semester. The conduct body may determine that the student’s conduct was severe enough to warrant a separation from the college, but there are mitigating circumstances to allow the student to continue being enrolled for the current semester. A student on Deferred Suspension may attend classes, activities, and events on campus (unless additional sanctions limiting participation are assigned by the conduct body). If a student is found responsible for violating College policy while on Deferred Suspension, he/she will be immediately suspended (or expelled, if decided by the conduct body) from the College. While on suspension, a student is considered persona non grata and may not be on NC Wesleyan University property or attend events sponsored by the College. A student not adhering to this persona non grata policy will face legal implications, including arrest. The student is considered persona non grata until he/she re-enrolls in the College. (see Trespass – persona non grata)

4. Expulsion: Expulsion is the permanent separation of the student from the College and its premises. It is the most severe status that the college imposes. An expulsion is effective immediately upon communication to the student. At the time of expulsion, the student is given up to 24 hours to remove themselves and their belongings from campus housing, as deemed appropriate by the Dean of Students or designee. The student is expected to take care of financial and academic matters as well as personal belongings during that time. An expelled student is considered persona non grata and no longer allowed to be on NC Wesleyan University property or attend events sponsored by the College. A student not adhering to this persona non grata policy will face legal implications, including arrest. The student is considered persona non grata until he/she re-enrolls in the College. (see Trespass – persona non grata)

Being found responsible for a Level 3 violation;
Being found responsible for multiple violations in one incident or over the course of several incidents;
Being found responsible for a controlled substances violation; and/or,
Failure to comply with an educational sanction by the due date.

Educational Sanctions

Educational sanctions that correspond to the three levels of student conduct violations at NC Wesleyan University include, but are not limited to:

Counseling Referral: A counseling assessment may be required in an effort to help the student address issues he/she may be facing. The student may utilize counseling services available at NC Wesleyan University or, at the student’s own expense, through other licensed mental health care professionals. Proper release paperwork must be signed by the student to allow the Office of Student Affairs to verify the assessment has taken place. The counselor may recommend further sessions with the student and it is the choice of the student whether they continue with those services. (Level 1, 2, or 3)
Community Service: Community service consistent with the violation may be assessed. (Level 1 or 2)
Educational Modules: The College offers several educational modules that aim at educating students about certain topics, including conflict management, anger issues, and decision making. (Level 1, 2, or 3)
Fine: Monetary fines may be assessed for certain violations (Level 1, 2, or 3)
Loss of Privileges: A student may forfeit certain privileges for a specified amount of time due to a failure to properly utilize those privileges. Examples of privileges include but are not limited to: housing, visitation; parking; participating in campus activities, intramurals, athletic events; and utilizing campus facilities. (Level 2 or 3)
Restitution: The student is required to make payments to the College or other persons, groups, or organizations for damages incurred as a result of an act of prohibited conduct. Any restitution assessed to student accounts must be paid in full prior to the release of grades or transcripts. Unpaid restitution is subject to collections as allowed by law. Students should note that financial aid cannot be used to pay restitution assessed due to a student conduct action. (Level 1, 2, or 3)
Restorative Justice: A restorative justice experience will focus on restoring to the victim what was taken and/or repairing harm imposed on a community. The victim could be an entire community or specific students, staff or faculty. Examples of restorative justice include restorative justice circle (discussion between the student and victims), community service related to nature of the incident (up to 40 hours), presenting a program related to the nature of the incident, establishing a mentoring relationship with a faculty or staff member, or shadowing staff/faculty during specified activities. (Level 1, 2, or 3)
Written Reflection: This sanction may be imposed on a student with an expectation that the student will take time to reflect on their choices and the consequences associated with those choices through written reflection. (Level 1, 2, or 3)

Notification

Student’s Rights in the Conduct Process
The following are rights each student has during the conduct process – they are neither inclusive nor absolute. In each case, the student is responsible for invoking each right and following the policies and procedures outlined. A student’s failure to use one or all of these rights does not constitute a deviation of the student conduct process. These rights are designed to help the student through the process and assist the conduct body and College in making the best decision in each case.

Accommodations
The conduct body may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, respondent, and/or other witnesses during the conference by providing separate facilities, and/or by permitting participation by telephone, skype, video conferencing, videotape, audio tape, written statement, or other means as determined appropriate in the judgment of the Dean of Students or designee. If a student participating in the conduct conference requires reasonable accommodations under the Americans with Disabilities Act, they should notify the Dean of Students in a reasonable timeframe after receiving notification of the conference date and time and prior to the start of the conference. All attempts will be made to provide reasonable accommodations.

Appeal Process
Both the complainant and the respondent have the right to appeal any decision made by the conduct body. In order for an appeal to be considered, it must first meet one of the following criteria:

Information is now available that was not available at the time of the initial decision.
A procedural error occurred during the student conduct process.

Dissatisfaction with the outcome of the conference is not acceptable as the basis for an appeal.

Appeals:

Must be in writing and submitted via the respondent’s campus email account to the Dean of Students.
Students must file the written appeal within two (2) business days from the date of the decision (i.e. the decision was delivered on Thursday, the appeal must be received no later than the following Monday, assuming a normal business week).
Appeals must state the criteria used for the basis of the appeal and provide relevant information/documentation to support the appeal.

For appeals of decisions made as a result of an administrative conference:

The Dean of Students shall review the written appeal to determine if it meets one of the stated criteria for an appeal.
If the appeal is not based on one of the above criteria, the Dean of Students shall notify the student of such and deny the appeal.
If the appeal meets criteria, the Dean of Students will deliver a decision within two (2) business days in writing via email to the student.
In cases where the Dean of Students has a conflict of interest, the President will review the appeal.

For appeals of decisions made as a result of a College Honor Board conference or decisions that resulted in suspension or expulsion:

The Dean of Students shall review the written appeal to determine if it meets one of the stated criteria for an appeal.
If the appeal is not based on one of the above criteria, the Dean of Students shall notify the student of such and deny the appeal.
If the appeal meets criteria, the Dean of Students will convene the College Review Board.

The members of the College Review Board shall be appointed annually by the Dean of Students and shall be composed of faculty and staff representatives. At least three appointed members of the College Review Board are required for a quorum to decide appeals. The Dean of Students shall serve as a non-voting chair of the Committee.

The College Review board could elect to have a representative from the Office of Student Affairs present findings from the conduct body.

The College Review Board shall meet within three (3) business days to consider and decide on the appeal.
The College Review Board shall consider all documentation and information from all applicable sources in reaching their decision.
The College Review Board will not re-hear the case, but will use available information to determine if the appeal has merit.
A decision to grant an appeal shall be on the basis of a consensus.
Upon reaching a decision, the Dean of Students shall notify the student and applicable offices of the decision via email within two (2) business days.
The decision of the College Review Board is final.

The College Review Board, upon deliberation of the appeal, may take any of the following actions:

Affirm the decision(s) and sanction(s) of the Honor Board in their entirety.
Affirm the decision(s) but amend the conduct status and/or sanction(s) imposed by the Honor Board to a lesser conduct status or sanction(s).
Order a new hearing before the Honor Board, in whole or in part, with written notification to the Chair of the Honor Board, to the person presenting the case for the College and to the appealing student, of the Review Board’s concern(s) leading to its decision, if it determines that the procedure specified in the Honor Board Process was not substantially followed and the error(s) egregiously violated the student’s rights to a fair and impartial conference.
Overturn the decision of the College Honor Board and remove the Conduct Status and/or sanctions imposed if it determines the new evidence that was not available at the time of the initial conference would exonerate the appellant.

The President shall at all times have and retain the authority to overturn any decision rendered through the student conduct process provided by this Code when, in her/his sole judgment, it is in the best interest of the College community.

Conduct Conference Advisor
Complainants and respondents are allowed to have a member of the faculty, staff, or an actively enrolled NC Wesleyan University student serve as an advisor during the conduct conference. The advisor cannot have another role during the conduct conference (i.e. respondent, complainant, or witness). During the conference, the advisor will be seated next to the complainant or respondent they are advising. The respondent/complainant and advisor may speak quietly to each other during the conference; however, the advisor may not ask questions to any other participants, including the conduct body, witnesses, other complainants, or other respondents. The advisor cannot speak for the respondent or complainant. Their primary role is to support the complainant or respondent. Parents/guardians and attorneys are not allowed to attend conduct conferences.

Witnesses
The complainant, the respondent, and the College may arrange for witnesses to present pertinent information at the conference. Witnesses must have pertinent, first-hand knowledge of the incident. As such, character witnesses are not allowed at any conference as they do not contribute to an understanding of the incident.

If the respondent or complainant has witnesses, they should:

Provide the name and contact information for each witness and how they relate to the incident to the conduct body (Dean of Students for College Honor Board cases) at least one (1) business day prior to the conduct conference. The Conduct Body will try to arrange the attendance of witnesses who are members of the college community, if reasonably possible.
Have each witness provide a written statement, either a signed handwritten letter or from their own campus email account. Statements should give a complete account of their knowledge of the incident. Statements should be submitted to the Conduct Body at least one (1) business day prior to the conduct conference.
Ask each witness to be available from the start time of the conference through at least 30 minutes after for administrative conferences and one hour after for College Honor Board conferences. Students should not miss class to be a witness in a conference. During the conference, witnesses will provide information to and answer questions from the conduct body. Questions may be suggested by the respondent and/or complainant to be answered by each other or by other witnesses. These questions will be asked to the Chair or administrator and then relayed to the other participant, rather than to the witness directly. This method is used to preserve the educational tone of the conference and to avoid creation of an adversarial environment.

The college may also arrange to have witnesses’ present information at the conference. Faculty and staff may be asked to be a witness during a conference, but their obligations may not allow the time to attend the conference. Written statements will be accepted from faculty and staff in these cases. A staff member involved in the investigation of an incident may use the report they submitted as their witness statement.

Alternative Measures to the Student Conduct Process
The Office of Student Affairs recognizes that there may be incidents when, in the best interests of those involved and/or the community, the formal Student Conduct Process may not be appropriate or necessary; however, the behavior and decisions of those involved should be addressed in order for all to learn and grow from the incident. In these cases, the following options are available to the Office of Student Affairs to address these concerns.

Amnesty

When a student requests medical assistance (for self or someone else) because that individual has consumed too much alcohol or drugs and/or is at risk for being a victim of sexual misconduct, neither student will be subject to Student Conduct proceedings for the consumption. Amnesty does not preclude Student Conduct proceedings for other violations of College policy, nor does it protect intoxicated students from actions taken by local, state, or federal authorities, except where students may be protected by law. Additionally, A student who reports sexual misconduct will not be subject to conduct proceedings for his/her own personal consumption or possession of alcohol at or near the time of the incident, provided that the consumption or possession did not place the health and/or safety of any other person at risk or violate additional College policies. When seeking immediate medical attention, contact 911, then contact Campus Security at (252) 406-7928. First responders will determine the next steps in providing assistance, and Campus Security will report the name of the student needing attention and any students witnessing the incident to the Dean of Students for any follow-up deemed necessary by the Dean of Students.

Any student in the incident will be required to meet with the Dean of Students or his/her designee to discuss the incident. The Student Affairs Office will contact the student to arrange the meeting.
Following the meeting with the Dean of Students, the student requiring medical attention must meet with the Director of Counseling Services or designee for an informal alcohol/drug assessment. The student must complete the assessment and any resulting treatment or educational recommendations by a deadline specified by the Dean of Students in consultation with the Director of Counseling Services or designee.
The student meeting with the Director of the Counseling Center will be required to sign a release allowing the Director of the Counseling Center or designee to communicate with the Dean of Students. This release will be limited as to protect the student’s confidentiality as much as possible. The student will be asked to give permission for the Director of Counseling Services or designee to disclose whether or not the assessment and any resulting recommendations have been completed.
The failure of a student to attend the meeting with the Dean of Students and/or complete the assessment or resulting treatment or educational recommendations from the Counseling Center may result in a referral to the Dean of Students for further action.

Educational Conversations/Restorative Justice

Summary Actions Taken by the College
At times, the College may have to take actions to mitigate risks to individuals and/or the community. These actions are not considered outcomes or sanctions. Their issuance is not to be used as evidence during any conduct conference to determine a student’s responsibility for violating a policy. Because of the possible impact on a student’s status and accessibility to college resources and activities, each action is considered carefully before being implemented.

Temporary Removal from Campus
At the sole discretion of the Dean of Students or designee and to help ensure the safety and well-being of the College Community, the College may impose Temporary Removal from Campus for a student who is suspected of (1) violating the Code of Student Conduct and (2) the student’s presence is viewed as a threat to the college community, property, and/or disrupting normal college functions. Student Conduct proceedings shall be scheduled as soon as practical following the temporary removal from campus.

A temporary removal from campus:

Becomes immediately effective without prior notice;
Means that the student is persona non grata (see Trespass-persona non grata below) and not allowed to be on property owned or controlled by NC Wesleyan University at any time until the case has been resolved through the Student Conduct Process or the accusation has been dismissed upon investigation. Exceptions may granted by authority of the Dean of Students. The student is permitted to return to campus for the purpose of participating in a student conduct conference;
Means a student shall be ineligible to attend classes. The student may contact his/her instructors via email/telephone to request assignments during this period;
Is not an outcome of the conduct process nor a conduct status. Due to the impact this action may have on a student’s academics, the student’s instructors will be notified as well as other need-to-know staff. To ensure the student’s wellbeing during the temporary removal from campus, the student’s parent/guardian, if a dependent, will be contacted;
Shall not be used as evidence in any conduct conference;
Is in effect until the Dean of Students or designee communicates otherwise or the student has had a conduct conference on the related matter.

No Contact Orders
The Dean of Students or designee may determine, either in her/his assessment of a situation or at the request of an individual, that two or more individuals should no longer have contact with each other in order to maintain a safe environment, promote civility, and for the general well-being for those individuals and/or the campus community. In those cases, a “No Contact Order” may be issued verbally and/or in writing between a student and other members of the NC Wesleyan University community, including others students, faculty, or staff.

A no contact order:

Between students is always mutual, meaning both parties receive the same order.
Between student(s) and faculty, staff or other nonstudents prohibits the student(s) from communicating with each other and with the specified faculty, staff or other non-student(s).
Does not require agreement or even prior notice to either or all parties.
Can be issued prior to or as a result of a conduct conference, or entirely outside of a student conduct process for a specified or unlimited duration of time.
Prohibits all forms of communication between designated students or from designated student(s) to specified faculty, staff, or nonstudent(s), direct or indirect, written, electronic (including all forms of social media) or through a third party (i.e. friends, family).
Are not similar to court-imposed restraining orders and do not guarantee that designated parties will avoid sightings or passing interactions on the campus or in the local community.
May restrict a student from parts of the campus where he/she would not have to engage in required academic activities.
Does not become part of a student’s conduct record unless the student violates the order as determined through the student conduct process.
Is not considered an outcome nor a conduct status.
May not be used as evidence during a conduct conference, unless the alleged violation is failure to comply with the same “No Contact Order”.
Is in effect until the Dean of Students or designee communicates otherwise. Students who are concerned about personal safety should contact Campus Security at 252-406-7928.

Trespassing (persona non grata)
As a private institution, NC Wesleyan University reserves the right to consider any individual persona non grata and issue a ‘no trespassing’ order to any person whose presence it deems undesirable. Subsequent trespassing on NC Wesleyan University premises will result in legal action. All College property is private property.

Any student who is under suspension or expulsion, or whose enrollment has been terminated by NC Wesleyan University for any student conduct or academic reason may not be present on College premises or at a College-sponsored event at any time during the period of suspension/expulsion without prior written approval from the Dean of Students or designee.

Parent/Guardian Involvement
The College understands and values the unique and special relationship that can exist between parents/guardians and their students. The College desires to foster free and open communication with parents/guardians. Developmental and legal issues guide the College as it relates to communication and involvement with parents/guardians and students in resolving potential conflicts and situations. Any student enrolled in the college, regardless of age, is no longer considered a minor from an educational standpoint. The Family Educational Rights and Privacy Act (FERPA) clarifies and limits the amount of information a college is allowed to share with anyone, including parents/guardians, regarding any student.

During the course of a students’ college experience, there is always the possibility of an incident occurring that requires intervention and decision-making by an appropriate college official. NC Wesleyan University encourages parents/guardians to communicate with their students about their college experience in a healthy way, while realizing that this communication could be different than when the student was in high school. NC Wesleyan University encourages parents/guardians to hold regular conversations on academic course work, involvement in clubs and organizations, relationships with friends and roommates, and the overall college experience. Additionally, NC Wesleyan University encourages parents/guardians to talk with their student about what information is expected to be shared and what information can be distributed to them by the college. Students may voluntarily chose to disclose their educational records to parents/guardians by completing a FERPA waiver, found at ncwu.edu/campus-life/resources/registrar/.

NC Wesleyan University encourages parents/guardians to contact the college with any questions or concerns.

Student Conduct Records
Student conduct records are maintained in the Office of Student Affairs. The provisions of the Family Educational Rights and Privacy Act govern accessibility to these records. Student Conduct records are personal and confidential. Students may inspect their records during normal working hours. College officials who have professional justification for such information may also inspect these records. Students should also be aware that institutions to which they may apply typically request a conduct report on potential students to help determine whether or not to admit that student. The college does not provide copies of video or audio recordings of conduct conferences for students.

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Student Handbook Categories

Mission

Our mission is guided by the following principles and values:

Student Conduct Process

Complaint/Filing a Report

Investigation

Notice of Charges and Conference

Summary Resolution

Conduct Conference

Evidence

Notification of Findings and Conference Outcome

Conduct Bodies and Hearings

Administrative Conference

University Honor Board Conference

Findings/Conference Outcomes

Conduct Status

Educational Sanctions

Notification

Student’s Rights in the Conduct Process

Accommodations

Appeal Process

Appeal Considerations

Conduct Conference Advisor

Witnesses

Alternative Measures to the Student Conduct Process

Amnesty

Educational Conversations/Restorative Justice

Summary Actions Taken by the University

Temporary Removal from Campus

No Contact Order

Trespassing (persona non grata)

Parent/Guardian Involvement

Student Conduct Records

Purpose

Student Conduct Process

Conduct Status

Educational Sanctions

Notification

Amnesty

Educational Conversations/Restorative Justice