Students’ Rights, Responsibilities and Judicial Procedures

I. Purpose

The purpose of this section is to define student rights and describe the Student Code of Conduct and judicial and grievance procedures.

II. Procedure

All rights and privileges guaranteed to every citizen by the Constitution of the United States and by the state of North Carolina shall not be denied any student.
Students are free to pursue their educational goals. Appropriate opportunities for learning in the classroom and on the campus shall be provided for by the College. Student performance will be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.
Students have the right to freedom of expression, inquiry, and assembly without restraint or censorship subject to reasonable and non-discriminatory rules and regulations regarding time, place, and manner.
Students have the right to inquire and to propose improvements in policies, regulations and procedures affecting the welfare of students through established student government procedures, campus committees, and college offices.
The Family Educational Rights and Privacy Act of 1974 provides safeguards regarding the confidentiality of and access to student records and this Act will be adhered to by the College. Students and former students have the right to review their official records and to request a hearing if they challenge the contents of these records. No records shall be made available to unauthorized personnel or groups outside the College without the written consent of the student involved except under legal compulsion.
Due process procedures are established to guarantee a student accused of a Student Code of Conduct violation the right of a hearing, a presentation of charges, evidence for charges, the right to present witnesses on one’s behalf and to hear witnesses on behalf of the accuser(s), the right to counsel, and the right to appeal. No disciplinary sanctions other than immediate dismissal from class or activity (only for duration of said activity) may be imposed upon any student without due process. Exceptions may be made in consideration of the health/safety of the College community.

III. Academic Integrity

Wayne Community College expects all students to maintain the highest standards of academic integrity. A violation of academic integrity includes but is not limited to the following:

Acquiring or attempting to acquire possession of any academic material not intended for students (test information, research papers, notes, etc.)
Receiving or giving help or attempting to receive or give help during a test
Submitting papers or reports (that are supposed to be original work) which are not entirely the student’s own, not giving credit for others’ work (plagiarism), etc.
Permitting one’s academic work to be represented as the work of another
Substituting for another student in order to meet course requirements
Use of cell phones or other electronic communication devices in the classroom setting unless under the instructor’s direction.
Intentional plagiarism is a form of intellectual theft that violates widely recognized principles of academic integrity.

Plagiarism may occur with respect to unpublished as well as published material. Intentional plagiarism is the act of representing the words, ideas, or data of another as one’s own without providing proper attribution to the author through quotation, reference, or footnote.

At the discretion of the instructor, any student who violates the academic integrity of the College will be subject to one or more of the following sanctions:

Student receives a grade of “0” on the assignment or test
Student receives “F” in course
Student is removed from program if they are enrolled in a limited enrollment program.

All violations of academic integrity must be reported to the instructor’s immediate supervisor. Students may be subject to the disciplinary procedures and sanctions described herein. All students have the right to appeal any decision by the instructor, dean, or designee according to the Grade Appeal Process.

IV. Student Code of Conduct

The College reserves the right to maintain a safe and orderly educational environment for students and staff. Therefore, when, in the judgment of college officials, a student’s conduct disrupts or threatens to disrupt the college community, appropriate disciplinary action will be taken to restore and protect the sanctity of the community. Students and student organizations are expected to conduct themselves in accordance with generally accepted standards of scholarship and morality. This expectation applies to all students and student organizations at College-sponsored events whether on-campus, off-campus, or at a distance. The purpose of this code is not to restrict student rights but to protect the rights of individuals in their academic pursuits.

The following regulations set forth rules of conduct which prohibit certain types of student behavior. Violation of one or more of the following regulations may result in the application of one or more sanctions.

Academic Dishonesty - taking or acquiring possession of any academic material (test information, research papers, notes, etc.) from a member of the College staff or student body without permission; receiving or giving help during tests; submitting papers or reports (that are supposed to be original work) that are not entirely the student’s own; not giving credit for others’ work (plagiarism).
Theft of, misuse of, or damage to College property; or theft of or damage to property of a member of the College community or a campus visitor on College premises or at College functions; unauthorized entry upon the property of the College or into a College facility or a portion thereof which has been restricted in use and thereby placed off limits; unauthorized presence in a College facility after closing hours.
Possession of or use of alcoholic beverages or being in a state of intoxication on the College campus or at College sponsored or supervised functions off-campus or in College owned vehicles. Possession, use or distribution of any illegal drugs, except as expressly permitted by law. Any influence which may be attributed to the use of drugs or of alcoholic beverages shall not in any way limit the responsibility of the individual for the consequences of his/her actions.
Lewd or indecent conduct including public, physical or verbal action (profanity) or distribution of or wearing clothes bearing obscene or libelous written material to the extent that such conduct is disruptive to the mission of the College.
Mental or physical abuse of any person on College premises or at College-sponsored or College-supervised functions, including verbal or physical actions which threaten or endanger the health or safety of any such persons or which promote hatred or racial prejudice.
Any act, comment, or behavior which is of a sexually suggestive or harassing nature and which in any way interferes with a student’s or an employee’s performance or creates an intimidating, hostile or offensive environment.
Intentional obstruction or disruption of teaching, research, administration or disciplinary proceedings, or other College activities, including public service functions, and other duly authorized activities.
Occupation or seizure in any manner of College property, a College facility or any portion thereof for a use inconsistent with prescribed, customary, or authorized use.
Participating in or conducting an assembly, demonstration or gathering in a manner which threatens or causes injury to person or property; which interferes with free access to, ingress or egress of College facilities; which is harmful, obstructive or disruptive to the educational process or institutional functions of the College; remaining at the scene of such an assembly after being asked to leave by a representative of the College staff.
Possession or use of a weapon, anything reasonably resembling a weapon, or anything designed to inflict serious bodily injury on the WCC campus is strictly prohibited except as allowed by law. An implement used for the purpose of inflicting serious bodily injury, regardless of the implement’s intended use, will be considered a weapon. The WCC campus is defined as all buildings, College vehicles, walkways, out-of door areas, campus grounds, parking lots and the instructional areas of off-campus College programs and courses.
Setting off a fire alarm or using or tampering with any fire safety equipment, except with reasonable belief in the need for such alarm or equipment.
Gambling or games of chance unless as an approved Student Activities event.
Smoking or use of tobacco products or any items containing or reasonably resembling tobacco or tobacco products on the WCC campus. This includes all buildings, facilities, College vehicles, walkways, out-of-door areas, campus grounds, parking lots and the instructional areas of off-campus College programs and courses.
Violation of College regulations regarding the operation and parking of motor vehicles.
Forgery, alteration, or misuse of College documents, records, or instruments of identification with intent to deceive. Falsification of admissions documents resulting in incorrect information which could be used in the consideration of admission to the College, financial aid, or limited admissions programs.
Failure to comply with instructions of College officials acting in performance of their duties.
Violation of the terms of disciplinary probation or any College regulation during the period of probation.
Fiscal irresponsibility such as failure to pay College-levied fines, failure to repay College-funded loans, or the passing of worthless checks to College officials.
Violation of a local, state, or federal criminal law on College premises adversely affecting the College community’s pursuit of its proper educational purposes.
Use of cell phones or other electronic communication devices in the classroom unless under the instructor’s direction.
Eating or drinking in classrooms, laboratories, shops, and the Library is prohibited. Any exceptions must be requested in writing and pre-approved by the appropriate administrator.
Computer misconduct including any activity that violates College computer and internet usage policies (e.g., TAUP) including any prohibited internet activities.

V. Disciplinary Procedures

The Director of Counseling Services as designated by the Associate Vice President of Academic and Student Services and hereafter referred to as Director will be responsible for handling judicial procedures. The Associate Vice President of Academic and Student Services may handle judicial procedures in the absence of the Director. *Note: Continuing Education disciplinary matters are handled by the Associate Vice President of Continuing Education Services. Basic Skills matters are handled by the Director of Basic Skills – see Basic Skills Handbook. All sanctions and procedures apply to all students, whether traditional or distance.

Immediate Dismissal - If an act of misconduct threatens the health or well-being of any member of the academic community or seriously disrupts the function and good order of the College, an instructor or College employee may direct student(s) involved to cease and desist such conduct and advise them that failing to cease and desist will result in immediate dismissal. If the student(s) fail to cease and desist, the instructor or College employee may then dismiss the student(s) from the event, activity, or the class (until the next class meeting). Any further action must be made through a formal charge in writing to the Director noting the individual(s) involved and the nature of the infraction as soon as possible but no more than five (5) business days following the incident or knowledge of the incident (exceptions for Title IX). The Director shall resolve the matter in a timely fashion utilizing the steps outlined below.
Responsibility for Implementation - The Director is responsible for implementing student discipline procedures.
Disciplinary Procedures - In order to provide an orderly procedure for handling student disciplinary cases in accordance with due process and justice, the following procedures will be followed:
1. Charges: Any College employee or student may file charges with the Director against any student or student organization for violations of College regulations. The individual(s) making the charge must complete a Charge Form (available from the Director) stating:
  1. name of the student(s) involved,
  2. the alleged violation of the specific Code of Conduct,
  3. the time, place, and date of the incident,
  4. names of persons directly involved or witnesses to the infractions,
  5. any action taken that relates to the matter,
  6. desired solution(s).
  The completed Charge Form must be forwarded to the Director within five (5) business days of the incident or knowledge of the incident (exceptions for Title IX).
2. Investigation and Decision: Within five (5) business days after the charge is filed, the Director shall complete a preliminary investigation of the charge and shall schedule a meeting with the student. After discussing the alleged infraction with the student, the Director may act as follows:
  1. Drop the charges.
  2. Impose a sanction consistent with those listed.
  3. Refer the student to a College office or community agency for services.
3. Notification: The Director shall send a certified letter to the student’s last known address on file with the Office of Admissions and Records providing the student with a list of the charges, the Director’s decision, and instructions governing the appeal process. A copy will also be sent to the complainant. Failure of the student to accept receipt of the letter within six (6) business days of letter postmark ends the appeal procedure and the student forfeits his or her right to appeal.

VI. Sanctions

Reprimand: A written communication which gives official notice to the student that any subsequent offense against the Student Code of Conduct will carry heavier penalties because of this prior infraction.
General Probation: An individual may be placed on General Probation when involved in a minor disciplinary offense. General Probation has two important implications: the individual is given a chance to show capability and willingness to observe the Student Code of Conduct without further penalty; secondly, if the individual errs again, further action will be taken. This probation will be in effect for no more than two (2) semesters. Specific stipulations may be included in the terms of probation.
Restrictive Probation: Restrictive Probation becomes a matter of record and results in limitations being placed on the student and/or loss of good standing. Restrictive conditions may limit the student’s access to physical locations on the campus, dates and times the student can be on the campus, or activity in the College community. If the individual is restricted from activity in the College community, they will not be eligible for initiation into any local or national organization, and may not receive any College award or other honorary recognition. The individual may not occupy a position of leadership or responsibility with any College or student organization, publication, or activity. This probation will be in effect for not less than two (2) semesters. Any violation of Restrictive Probation may result in immediate suspension.
Restitution: Paying for damaging, misusing, destroying, or losing property belonging to the College, College personnel, or students.
Withholding transcript, diploma, registration, or participation in graduation ceremonies: Imposed when financial obligations are not met. (Student will not be allowed to register until all financial obligations are met.)
Loss of Academic Credit or Grade: Imposed as a result of academic dishonesty.
Interim Suspension: Exclusion from class and/or other privileges or activities, as set forth in the notice, until a final decision has been made concerning the alleged violation.
Suspension: Exclusion from class(es), and/or all other privileges or activities of the College, for a period of not less than two (2) semesters. This sanction is reserved for those offenses warranting discipline more severe than probation or for repeated misconduct. Students who receive this sanction must get specific written permission from the Director before returning to campus and are placed on two (2) semesters of probation upon return.
Expulsion: Dismissing a student from campus for an indefinite period losing student status. The student may be readmitted to the College only with the approval of the President.
Group Probation: This is given to a College club or organized group for a specified period of time. If group violations are repeated during the term of the sentence, the charter may be revoked or activities restricted. Specific stipulations may be included in the terms of probation.
Group Restriction: Removing College recognition for a group, club, society, or other organization during the semester in which the offense occurred or for a longer period (usually not more than one (1) other semester). While under restriction, one or more of the following will apply: the group may not seek or add members, hold or sponsor events in the College community, or engage in other activities as specified.
Group Charter Revocation: Removal of College recognition for a group, club, society, or other organization for a minimum of two (2) years. Re-charter after that time must be approved by the President.

NOTE: Failure to Comply: Failure to comply with the rules of the College may result in criminal charges filed against the student(s). Statute 14-288.4 of the North Carolina Criminal Law forbids disorderly conduct in any educational institution. The first offense under this statute would be a Class 2 misdemeanor; a second offense would be a Class 1 misdemeanor; a third offense or subsequent offense would be a Class 1 felony.

VII. Appeals Procedure

A student who disagrees with the decision of the Director may request a hearing before the Disciplinary Review Committee. This written request must include the reason why the Director’s response is unsatisfactory and must be received by the Director within three (3) business days after receipt of the Director’s decision. The Director shall refer the matter to the Disciplinary Review Committee together with a report of the nature of the alleged misconduct, the name of the complainant, the name of the student against whom the charge has been filed, and the relevant facts revealed by the Director’s investigation.

Committee Composition, Role, and Authority – The composition, role and authority of the Disciplinary Review Committee shall be as follows:
1. Committee membership will consist of:
  1. A minimum of three faculty/staff members appointed by the President.
  2. Three student members appointed by the Student Government Association and approved by the President.
  3. One employee, appointed by the President, to serve as Committee Chair who will vote only in case of a tie.
  4. The Director as an ex-officio, non-voting member.
2. The Role of the Committee:
  1. Committee members will serve one year from the beginning of fall semester through summer semester with replacements appointed by the President or SGA if necessary.
  2. At least two faculty/staff members and two students plus the Chair must be present in order for the Committee to conduct business.
  3. The Committee shall hear and render decisions concerning student appeals.
3. The Authority of the Committee:
  1. The Committee shall have the authority to adopt temporary rules of procedure consistent with this code.
  2. The Committee shall have the authority to render written advisory opinions to the Associate Vice President concerning student rights, responsibilities and judicial procedures.
Procedures for Hearing before the Disciplinary Review Committee
1. Procedural Responsibilities of the Director. The Committee must meet within ten (10) business days after receipt of a request for a hearing (excluding school breaks). A postponement may be granted by the Chair upon written request of either party, if the reason stated justifies such action.
  At least five (5) business days prior to the date set for the hearing, the Director shall send a certified letter to the student’s last known address on file with the Office of Admissions and Records providing the student with the following information:
  1. A restatement of the charge or charges.
  2. The time and place of the hearing.
  3. A statement of the student’s basic procedural rights.
  4. A list of witnesses.
  5. The names of committee members.
  In addition, if the student(s) decides to have counsel and/ or witness(es) present at the hearing, the student must provide (in writing) to the Director the name of the counsel and/or witness(es) at least two (2) business days prior to the scheduled hearing. If not properly submitted, it is at the discretion of the Committee to allow the counsel and or witness(es) to participate.
  
  On written request of the student, the hearing may be held prior to the expiration of the five-day (5) notification period, if the Director concurs with this change.
2. Basic procedural rights of students include the following:
  1. The right to counsel. Counsel may fully participate in the proceeding unless charges include academic dishonesty (GS 116-40.11) or in the case of a student grievance proceeding. An individual serving in the role of counsel cannot be a witness during the proceeding.
  2. The right to produce witnesses on one’s behalf. An individual serving in the role of witness cannot serve in the role of counsel.
  3. The right to request, in writing and with substantial reasons, the President to disqualify any member of the Committee for prejudice or bias. A request for the disqualification of a committee member must be submitted at least three (3) business days prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the President.
  4. The right to present evidence.
  5. The right to know the identity of the person(s) bringing the charge(s), unless there is sufficient cause (as determined by the appropriate area Vice President) for the person bringing the charge to fear reprisal.
  6. The right to hear witnesses on behalf of the person(s) bringing the charge(s), unless there is sufficient cause (as determined by the appropriate area Vice President) for the witness to fear reprisal.
  7. The right to testify or to refuse to testify without such refusal being detrimental to the student.
  8. The right to appeal the decision of the Committee to the President who will review the official record of the hearing. The appeal must be in writing and must be received within three (3) business days after receipt of the Committee’s decision. If the student fails to submit the appeal by the deadline, the appeal procedure ends and the student forfeits his or her right to further appeal.
  9. If a student fails to attend the hearing (the Committee will wait 10 minutes), the appeal procedure ends and the student forfeits his or her right to further appeal.
3. Prohibitions - Neither the student nor his or her representatives (counsel, family, friends, etc.) shall contact a Disciplinary Review Committee member, College witnesses, the President, members of the Board of Trustees, or other community constituents prior to the Disciplinary Review proceedings. Such contact constitutes a breach in the disciplinary process and may adversely affect the hearing.
4. The Conduct of the Committee Hearings
  1. Hearings before the Committee shall be confidential and shall be closed to all persons except the following:
    1. The student.
    2. Counsel.
    3. Witnesses who shall:
      1. Give testimony singularly and in the absence of other witnesses.
      2. Leave the committee meeting room immediately after completion of the testimony.
    4. Security - Campus Police and Security may be present at the hearing.
  2. The hearing may be recorded by the College. Recordings will become the property of the College and access to them will be determined by the Chair of the Committee and the Director. All recordings will be filed in the office of the Director through the duration of the appeal process.
  3. Upon completion of a hearing, the Committee shall meet in executive session to determine concurrence or non-concurrence with the original finding and to recommend sanction, if applicable.
  4. Decisions of the Committee shall be made by majority vote. In case of a tie, the Chair shall vote to break the tie. The official record of the Committee’s decision is noted in writing from the Chair and kept by the Director.
  5. Within two (2) business days after the decision of the Committee, the Director shall send a certified letter to the student’s last known address on file in the Office of Admissions and Records providing the student with the Committee’s decision. A copy of this letter will be sent to the complainant. Failure to accept receipt of the letter within six (6) business days of letter postmark ends the appeal procedure and the student/ complainant forfeits his or her right to further appeal.
Appeal to the President – If the student or complainant refuses to accept the findings of the Committee, either may appeal in writing to the President within three (3) business days after receipt of the Committee’s decision. If the written appeal is not received by the President within the time frame, the appeal process ends, and the party forfeits his or her right to further appeal. The President shall have the authority to:
1. Review the findings of the proceedings of the Disciplinary Review Committee.
2. Hear from the student, the complainant, the Director, and Disciplinary Review Committee before ruling on an appeal.
3. Approve, modify, or overturn the decision of the Disciplinary Review Committee.
4. Inform the student and the complainant in writing of the decision within ten (10) business days after receipt of the appeal. The decision of the President is final.

VIII. Student Grievance Procedure

Purpose - The purpose of the Student Grievance Procedure is to assure students that grievances will be considered fairly, rapidly, and in a non-threatening atmosphere. It is not intended to initiate disciplinary action against a member of the faculty or staff or to alter College policy.
Students have the right to file a grievance when they have reason to believe that a condition, situation, or action affecting them is unjust, inequitable, a hindrance to effective performance, is in violation of written campus policies or procedures, or constitutes arbitrary, capricious, or unequal application of written campus policies or procedures. This includes alleged discrimination on the basis of age, sex, race, handicap or other conditions, preferences or behaviors (excluding sexual harassment complaints, which, due to their sensitive nature, would first be directed to the grievance officer appointed by the President, and only if not resolved by meeting with the grievance officer would then follow the remainder of the Grievance Procedure). This also includes academic matters (excluding individual grades except where the above conditions apply - see Grade Appeal Process).
Procedures
1. First Step - The student must go to the instructor or staff member where the alleged problem originated. An attempt will be made to resolve the matter equitably and informally at this level. The conference must take place within five (5) business days after the incident which generated the complaint.
2. Second Step - If the grievance is not resolved at the informal conference, the student must talk with the faculty staff member’s immediate supervisor (e.g. department chair) who will attempt to resolve the issue. This discussion must take place within five (5) business days after completion of step one.
3. Third Step - If the grievance is not resolved within the department, the student may file a written grievance. The student would obtain the Grievance Form from the Director of Counseling Services who will explain the grievance process to the student. The completed Grievance Form must be returned to the Director within five (5) business days after completion of step two. The Director will then refer the grievance to the appropriate administrator (e.g. dean) involved. Within ten (10) business days after receipt of the Grievance Form, the administrator shall send a certified letter to the student’s last known address on file in the Office of Admissions and Records providing the student with the administrator’s decision. Failure to accept receipt of the letter within six (6) business days of letter postmark ends the appeal procedure and the student/complainant forfeits his or her right to further appeal.
4. Fourth Step - If the written statement of the administrator does not satisfy the grievant, the student may request to appear before the Student Grievance Committee. The student must submit a written request to the Director and the request must be received within three (3) business days after receipt of the administrator’s response. The request shall include a copy of the original Grievance Form, a copy of the administrator’s written response, and the reason why the administrator’s response is unsatisfactory.
  The Director shall immediately notify the Vice President of Academic and Student Services who shall insure that the Committee is organized in a manner consistent with Section C of this procedure (Student Grievance Committee). The Director will send copies of the appeal to the members of the Committee, the employee, and the employee’s supervisor. The employee against whom the grievance was filed shall be given an opportunity to respond in writing to the Chair of the Committee.
  
  The Student Grievance Committee shall meet between five (5) and fifteen (15) business days after receipt of the request (excluding school breaks). A postponement may be granted by the Chair upon written request of either party, if the Chair deems appropriate.
  
  The Committee shall function by the guidelines outlined for the Disciplinary Review Committee.
  
  The Chair shall forward a copy of the Student Grievance Committee’s decision to all parties involved and to the President within two (2) business days after the Committee’s decision.
5. Fifth Step - The Committee’s decision may be appealed by either party involved to the President within three (3) business days after receipt of the Student Grievance Committee’s decision. This written request must include the reason why the Student Grievance Committee’s decision is unsatisfactory and must be received by the President within the time frame or the appeal process ends and the party forfeits his or her right to further appeal. The President shall review the Student Grievance Committee’s findings, conduct any additional inquiries, and render a decision within ten (10) business days after receipt of the appeal. The President will notify the grievant by certified mail of the decision with a copy to the other party. Failure to accept receipt of the letter within six (6) business days of letter postmark ends the appeal procedure and the party forfeits his/her right to further appeal. The decision of the President is final.
The Student Grievance Committee - The Disciplinary Review Committee may serve as the Student Grievance Committee or, at the direction of the President, a new committee may be formed for each grievance. Committee makeup and method of appointment will be the same as for the Disciplinary Review Committee.
Rights of Parties Involved in a Grievance - When a grievance committee meeting is scheduled, the parties involved are entitled to:
1. A written notice of the complaint.
2. A written notice of the time and place of the meeting. This notice shall be forwarded to all parties at least five (5) business days prior to the meeting unless they waive this requirement.
3. Review all available evidence, documents, or exhibits that each party may present at the meeting.
4. Have access to the names of witnesses.
5. Appear in person and present information on his or her behalf, call witnesses, and ask questions of any person present at the meeting.
6. The right to counsel. The role of the person acting as counsel is solely to advise the client. The counsel shall not address the committee. An individual serving in the role of counsel cannot be a witness during the proceeding.
7. Each party will provide the Director of Counseling Services the name of the counsel and witnesses at least two (2) business days prior to the scheduled meeting.
8. If the grievant fails to attend the meeting (the Committee will wait ten (10) minutes from the scheduled meeting time), the grievance procedure ends and the student forfeits his or her right to further appeal.
Prohibitions - Neither party, nor their representatives (counsel, family, friends, etc.), shall contact a Student Grievance Committee member, the College witnesses, the President, members of the Board of Trustees, or other community constituents prior to the student grievance proceedings. Such contact constitutes a breach in the grievance process and may adversely affect the proceeding.

NOTE: UNC-General Administration is the clearinghouse for complaints concerning post-secondary institutions within the state of North Carolina. Students can access the state complaint process at the following link: https://www.northcarolina.edu/complaints

IX. Student Complaints

Currently-enrolled students may wish to complain about an issue related to the College outside of formal, established grievance or appeals processes, including but not limited to curriculum, class scheduling, registration, financial aid, facilities, or faculty. In accordance with federal consumer information and accreditation requirements, all areas that receive and resolve such complaints will maintain a log of the complaints and their resolution. In such cases, the student initiates the following process:

The student submits a Student Complaint Form.
The complaint form is routed to the Associate Vice President of Academic and Student Services and assigned to the appropriate administrator based on the nature of the complaint.
The assigned administrator follows up with resolution to the complaint within five (5) business days.
The administrator’s response is final and is added to the official record of student complaints.