Judicial System

II.    Code of Conduct, Penalties, and Hearing Procedures for Students

Code of Conduct

Any student whose conduct on or off campus becomes unsatisfactory in the judgment of university officials in light of the foregoing statements or policies will be subject to appropriate disciplinary action. Disciplinary action can be initiated by campus police, students, staff, faculty, or administrative personnel. No student will be permitted to graduate or officially withdraw from East Carolina University while disciplinary action is pending against him or her. Unwarranted charges shall not be subject to disciplinary action. A student may be charged with offenses as a principal directly involved in the crime or as an accessory.

Residence life hearing officers have authority to hear violations of residence hall rules that occur around or in the residence halls and to hear violations of the housing contract.

An ECU student shall refrain from:

A.            Knowingly publishing or circulating false information that is damaging to any member of the university community (slander, lying, or libel).

B.         Using abusive, obscene, vulgar, loud, or disruptive language or conduct directed toward and offensive to a member of or a visitor to the university community.

C.        Using any university or privately rented telephone in:

1.            Avoiding the payment of tolls or long-distance calls.
2.            Using the telephone to make harassing, intimidating, nuisance, or obscene phone calls.

D.            Harassing, abusing, or threatening another by means other than the use or threatened use of physical force.

E.            Endangering, injuring, or threatening to injure the person or property of another.

F.            Entering residence halls, buildings, classrooms, or other university properties or student properties (i.e., automobiles, lockers, or residences) without authorization.

G.            Vandalizing, destroying maliciously, damaging, or misusing public or private properties, including library materials.

H.        Stealing or attempting to steal, aiding or abetting, receiving stolen property, selling stolen property, or embezzling the property of another person, the university, or associated units.

1.            Book Selling. When a student resells a book to an individual or to the bookstore, that student is held responsible if the book that is being resold is stolen property. If and when a student buys a book from another student, it is the purchaser’s or seller’s responsibility to be able to identify the student involved. If the student buying the book will not or cannot identify the seller, the student buying the book will be held responsible. The student who sells a book to another student should always have his or her ID number in the book.

2.            In addition to penalties given by the Honor Board, a student convicted of stealing or knowingly 
possessing stolen goods shall make immediate and complete restitution.

I.            Disruptive and disorderly conduct.

J.          Illegally manufacturing, selling, using, or possessing narcotics, barbiturates, amphetamines, marijuana, sedatives, tranquilizers, hallucinogens, and/or other known drugs and/or chemicals. A student shall also refrain from buying, selling, possessing, or using any kind of drug paraphernalia or counterfeit drugs.

K.        Being intoxicated in public, displaying, driving under the influence, or illegally possessing or using alcoholic beverages or liquors. When a student is referred to the judiciary office on an alcohol-related incident, that student may be required to attend the Alcohol Workshop. This workshop is designed to increase awareness of the role alcohol played in the incident and minimize the probability of recurrence. A student may be required to participate in a more intensive program of assessment, education, and counseling, and be required to pay a program fee. A student may participate in this intensive program only once.

L.            Refusing to comply with any lawful order of a clearly identifiable university official acting in the performance of his or her duties in the enforcement of university policy. Residence hall staff members are considered university officials when acting in an official capacity.

M.        Failing to present his or her ECU 1 Card when requested to do so by a university official.

N.            Participating in hazing or harassment of East Carolina University students.

O.             Gambling.

P.            Forging, altering, defrauding, or misusing documents, charge cards, or money, checks, records, ECU 1 Cards of an individual or the university.

Q.            Furnishing false information to the university with intent to deceive.

R.         Issuing bad checks to the university.

S.            Violating academically the Honor Code, which consists of the following:

1.            Cheating. The actual giving or receiving of any unauthorized aid or assistance or the giving or receiving of any unfair advantage on any form of any academic work.

2.            Plagiarism. Copying the language, structure, ideas, and/or thoughts of another and passing same as one’s original work.

3.            Falsification. Statement of any untruth, either verbally or in writing, regarding any circumstances relative to academic work.

4.            Attempts. Action toward the commission of any act that would constitute an academic violation as defined herein (that is, cheating, plagiarism, and/or falsification) shall be deemed to be a violation of the Honor Code and may be punishable to the same extent as if the attempted act had been completed or consummated.

T.            Possessing or using firearms, fireworks, explosives, or illegal weapons on property owned or controlled by the university.

U.            Withholding, with knowledge, information from East Carolina University.

V.            Obstructing justice by hindering or impeding a duly authorized function of any judicial body, council, or board.

W.            Violation of a university policy, city ordinances, or state or federal laws.

X.        Failing to repay, in full, any SGA loan within the allotted time period.

Y.            Knowingly acting as an accessory to any of the charges contained herein by:

1.            Being present while the offense is committed and advises, instigates, or encourages the act, or fails to attempt to discourage or to prevent the offense; or

2.            Facilitating in the committing of an offense in any way.

Penalties

The following penalties may be imposed in all cases arising under the jurisdiction of the university judicial system. In some cases, a student may be referred for counseling. In the absence of exceptional circumstances, a penalty will become effective immediately following a finding of guilt and exhaustion of appeals.

Section 1. (Individual Student)

A.        Written reprimand. A notice to the student that continuation or repetition of the misconduct in question may result in a more serious disciplinary action.

B.         Fine of not less than $10 nor more than $250 payable to the Judicial Service Fund unless the defendant and the assessor of the penalty agree that it shall be payable in whole or in part by community service performed in a manner acceptable to the assessor of the penalty with one hour of service equivalent to minimum wage.

C.            Voluntary work under supervision with an alternative penalty may also be assessed. The maximum number of voluntary work hours that may be assigned is seventy-five. Work assigned a student by the Honor Board shall commence in one week and shall be completed within thirty to forty days of the penalty. The student shall get in touch with the associate vice chancellor for student success/director of student judicial affairs for a work assignment. A waiver of risk statement must be signed prior to undertaking a volunteer work assignment.

D.            Educational task. An opportunity for the student to learn the value and purpose of the rule or policy that was violated. This can include researching a topic and organizing the information in a paper or oral presentation or performing an activity that relates to the violation. An effective educational task includes time for the student to examine his or her actions and process the impact of those actions on the university community.

E.         Taking of ECU 1 Card for a specified period of time.

F.            Probation. An official notification to the student compelling him or her to exhibit good conduct during the probationary period. Any other violation during the probationary period will be referred to the associate vice chancellor for student success and may result in a more serious disciplinary action. Terms of probation shall be for a designated period of time not to exceed one year. In addition, probation may include:

1.            In cases of misconduct in connection with university facilities, the student may be prohibited from further use of the facilities involved other than those used in his or her course work or study.

2.            In cases of misconduct in connection with university-owned and university-operated housing, the student may be ordered to vacate such housing.

G.        Forced removal from university property and/or buildings, including sections thereof.

H.        Forced removal from a university residence hall to another hall, or entirely out of the housing system, for one semester, one year, an indefinite period of time, or permanently.

I.            Suspension from the university for one semester. A student may apply to be readmitted after this time period has elapsed.

J.            Suspension from the university for one year. A student may apply to be readmitted after this time period has elapsed.

K.            Suspension from the university for an indefinite period of time with the right to petition the Honor Board for readmission after one semester.

L.            Suspension from the university for an indefinite period of time with the right to petition the Honor Board for readmission after one year.

M.            Expulsion from the university. A recommendation to the vice chancellor for student life that a student’s enrollment be canceled and the student be permanently separated from the university. A student who is expelled will be unable to graduate from East Carolina University. If a recommendation of suspension is made, the student must leave the university after exhausting all appeals.

The administration reserves the right to apply the above penalties prior to a hearing as deemed necessary to ensure the safety of the other members of the university community.

Residence life hearing officers will use sanctions A. through D. and F. through H.

Section 2. (Registered Organizations of Members of the ECU Community)

A.            Written reprimand.
B.            Fine of not less than $25 nor more than $500 payable to the ECU Student Judicial Service Fund.
C.            Restriction of privileges for a stated period of time not to exceed one year.
D.            Suspension of privileges for a stated period of time not to exceed one year.

Remedies

The following remedies may be imposed in all cases arising under the jurisdiction of the university judicial system. Failure to comply with either of these directives may result in additional judicial action.

A.            Restitution to the victim involved in the violation.

B.            Order the offender to perform or to cease and desist from stated actions.

Records

Violations, penalties, and remedies shall be recorded in the Office of the Associate Vice Chancellor for Student Success and/or in the office of the director of ECU Police in all cases arising under the university judicial system. Copies of such records shall not be released to outside sources without written consent of the subject of such record. Exceptions to this are made per the East Carolina University application of Family Educational Rights and Privacy Act legislation and will be made when directed by a court order, when there is deemed to be an educational need to know, or at the request of the parents of children upon proof of dependency.

Notification

All notifications of violations, penalties, and remedies shall be sent as directed by the judicial board to the university officials necessary to make the penalties and remedies effective and to other persons who might provide counseling assistance to the offender. For purposes of residence credit, the appropriate university officials shall be notified of penalties involving suspension or dismissal, but such notification shall not become a part of the permanent academic record of the offender.

Compliance

For noncompliance with penalties or remedies, the offender shall be suspended until he or she has complied.

Ejection

For conduct adversely affecting public order, offenders may be ejected from the university campus or property, or any part thereof, by the chancellor of the university or his or her designated representative.

Disciplinary Hearing Procedures

General Information. Penalties by a judicial board become matters of record. Until the affected student has been reinstated or until a particular penalty no longer applies, such students shall be considered to be under probationary status. All disciplinary action becomes effective upon the date of board action unless otherwise specifically designated. Students dismissed by recommendation of the proper board follow the same withdrawal procedure as other students. A student accused of academic dishonesty during the final examination period shall be permitted to take all examinations that come prior to the hearing of the case. Should a student be suspended prior to the completion of his or her final examinations, he or she will be prevented from taking the remaining tests. Any student who leaves or withdraws from the university and seeks readmission while disciplinary action is pending must secure a clearance from the Director of Conflict Resolution before being readmitted. In addition to penalties given by the Honor Board, a student convicted of stealing or knowingly possessing stolen goods shall make immediate and complete restitution.

Sanction Without Hearing (Administrative). When the associate vice chancellor for student success or student attorney general, after investigating an alleged violation of the Code of Conduct, believes a student has committed a disciplinary offense, he or she shall counsel with such student and may outline disciplinary punishment or treatment. If, after counseling with the associate vice chancellor for student success or student attorney general, the student wishes to have a hearing, the associate vice chancellor for student success or attorney general schedules the hearing and presents the reports and evidence concerning the alleged disciplinary violation to the Honor Board. From that point on, the associate vice chancellor for student success is concerned with the keeping of records and aiding the student to comply with the punishment decreed by the board.

Procedures for Judicial Board’s Preliminary Conference. At this conference, which must take place at least seventy-two hours before the hearing (the accused may waive the time limitation), the attorney general or his or her agent shall inform the accused student of these facts:

A.            The composition of the board that shall hear his or her case

B.            The charge against him or her

C.            Possible penalties involved

D.        His or her right to an assigned counsel or a counsel of his or her own choosing from the students under the jurisdiction of the board in which his or her case shall be heard

E.         His or her right to mandatory summoning of material witnesses and procurement of evidence

F.         His or her right to summon as many as two character witnesses and have a reasonable number of statements attesting to his or her character read in his or her behalf at the hearing

G.        His or her right to a separate hearing upon request

H.        His or her right to request a reasonable postponement of his or her hearing

I.          His or her right to face his or her accuser upon request

J.          His or her right to be presented with the hearing procedures, organization, and any other pertinent information

Rights of the Accused

A.        The presumption of innocence until guilt is proven

B.         The right to face the accuser (if requested)

C.        The right of timely notice of hearing that shall be defined as not less than seventy-two hours prior to the hearing

D.        The right to an advocate (student only)

E.         The right to summon material witnesses and present documentary material evidence

F.         The right to summon as many as two character witnesses and to have read a reasonable number of statements attesting to the defendant’s character

G.        The right to be present in the hearing room at all times while testimony is being presented and to cross-examine any witness

H.        The right to an objective and impartial hearing

I.          No student is required to testify against himself or herself (self-incrimination)

J.          The right of appeal

Hearing Procedures for University Honor Board

A.        The chair calls the session to order and reminds all persons involved in the hearing of the Honor Code and asks each person in the room to introduce himself or herself and state his or her reason for being at the hearing (i.e., board member, accused, observer). He or she questions respondent or respondents as follows: “Have you been advised of your due process rights in regard to this hearing?”

B.         If the answer is negative, the chair instructs the attorney general to read the rights to the respondent.

C.        After the attorney general reads the rights, the chair again asks the respondent if he or she understands his or her rights.

D.        The chair asks the accused if he or she challenges the objectivity of any member of the board. If so, the accused must state the reason(s). The board will meet in executive session to consider the challenge and determine whether or not the member should hear the case.

E.         The attorney general reads the charges and specifications to the charge(s) from the incident report. The chair asks for the respondent’s plea to each charge.

F.         The attorney general may make a brief opening statement.

G.        The advocate for the accused student may make a brief opening statement.

H.        The attorney general presents the facts and evidence that substantiate the charge(s).

I.            Witnesses in support of the charges are presented. Both sides have, at this time, the right to cross examine the witnesses and to examine any and all documents before being received into evidence. No member of the staff, faculty, or administration of  East Carolina University may be called as an expert witness.

J.          The advocate for the accused student or the accused presents the facts and evidence that support the accused.

K.            Witnesses in support of the accused are presented. Both sides have, at this time, the right to question the witnesses and to examine any and all documents before being received in evidence. No member of the staff, faculty, or administration of East Carolina University shall be called as an expert witness.

L.         The attorney general shall make a closing statement.

M.        The advocate for the accused student or the accused shall make a closing statement.

N.        The board will make its deliberations in closed session.

O.        The board will announce its decision and, if appropriate, the specific action(s) taken. The Judicial Action Form is completed and given to the accused.

P.         A record of proceedings will be kept for each Honor Board case.*

Residence Life Administrative Hearing Procedures

A.        The accused student is given a copy of the incident report prior to the hearing, meets with a staff member for a hearing, reviews rights, reviews charges, and states a plea.

B.         Lesser alleged violations, regardless of student plea, will be handled by the coordinator or assistant director of residence life.

C.        The accused student will initially meet with the coordinator or assistant director of residence life. During the administrative meeting, the accused student is given an explanation of his or her due process rights, the procedures, the possible sanctions, and the alleged violation(s).

D.        The accused student is asked to respond to the allegations.

E.            Following the accused student’s response, the staff member (hearing officer) will determine if the student is responsible; if appropriate, a sanction will be determined for the specific violation. The judicial action report is completed and a copy is given to the student.

Review Board Procedures
(SGA Constitution Review or Honor Board Appeal)

The following procedures will be followed by those appearing before the Review Board.

A.        The Review Board shall have original jurisdiction in all cases involving constitutional questions in the interpretation and application of the SGA constitution. In such cases, the Review Board will follow the hearing procedures established for the University Honor Board.

B.         The Review Board shall have appellate jurisdiction in all other cases that originate before any board of the SGA judiciary except the Academic Integrity Board.

C.        In all appeals cases, the respondent may be represented by student counsel of his or her choice. The university will be represented by the student attorney general or a member of the attorney general’s staff.

D.        In cases involving appeals of decisions made by the Honor Board, no written briefs will be presented.

E.         At the scheduled hearing, each side will be allowed thirty minutes for an oral argument on constitutional issues. Oral arguments will be limited to the issue set forth in the written briefs filed with the Review Board.

F.         No new evidence will be considered on appeal.

G.        During oral arguments, board members may ask questions of the parties.

H.        After each party has rested the case and all relevant questions have been asked by board members, deliberations will be made by the board in closed session.

I.          Actions by the Review Board

1.            Affirm the findings and decision of the Hearing Board
2.            Amend the original decision (decisions cannot be increased through an appeal)
3.            Refer back for further deliberation on specifically defined questions
4.            Order a new hearing
5.            For any case involving new evidence discovered subsequent to the hearing below, the case will be referred back for further consideration at the discretion of the Review Board
6.             Any case involving violation of a student’s constitutional rights may be dismissed

J.          A record of proceedings will be kept for each Review Board case.*

In the appeal of all judicial cases involving a property right or action, a record of the proceedings will be made and will be forwarded to the proper authority for appellate review. Appellate review in all cases will be on the basis of and limited to the written or recorded record of the proceedings below.

* All judicial cases and appeals except those heard by residence life administrative hearing officers shall be audiotaped (excluding the judicial body’s deliberation). The tape(s) will be the property of the university and will be retained for the sole purpose of appeal until the time limits for submitting an appeal have elapsed or the accused student’s appeal rights have been satisfied. Upon request, the accused student will be provided access to the tape(s) during the normal business hours of the Office of the Associate Vice Chancellor for Student Success in order to prepare for appeal.

Judicial Appeals Procedure

A.        A student found guilty of a violation may request an appeal for one of the following reasons:

1.            Insufficient proof of guilt
2.            Violation of student rights
3.            Judicial action inappropriate for the circumstances of the violation. Note: Requests for consideration based on new evidence are not grounds for action by an appellate body but should be directed to the judicial body of original jurisdiction. The judicial body of original jurisdiction will reopen a case at the request of the accused only if significant new evidence not available for presentation at the original hearing is to be presented. Whenever possible, the same judicial membership shall serve when a case is reopened.

B.         All Honor Board appeals are to be submitted to the Office of the Associate Vice Chancellor for Student Success for delivery to the chair of the appropriate appellate body. An appeal must be requested in writing within forty-eight hours after the judicial decision of the judicial body of original jurisdiction has been announced to the accused. Subsequent appeals, which are permitted only in cases resulting in a recommendation of suspension or expulsion, must be submitted to the Office of the Associate Vice Chancellor for Student Success within twenty-four hours after an appellate body has announced its decision to the accused. Time limits do not include weekends or university holidays.

The specific reason(s) for the appeal and a detailed explanation of the reason(s) must accompany the initial request for an appeal. If a subsequent appeal(s) is/are requested, the accused may request action on any and all reasons listed in the initial appeal; however, new reasons will not be considered after the initial appeal has been completed.

C.            Appellate bodies may uphold, reduce, or dismiss charges; uphold or reverse verdicts; or uphold, alter, or dismiss judicial actions determined by a lower judicial or appellate body. If an appellate body determines that a judicial action should be altered, it may reduce but not increase the term of the judicial action, or it may assign a more appropriate judicial action providing the subsequent action does not constitute a level of probation or separation from the university that is more severe than that assigned by the judicial body of original jurisdiction or lower appellate body. If the appellate body determines that the rights of the accused have been violated, it may dismiss charges, remand the case to a new board of original jurisdiction for a new hearing, or not do anything to alter the original decision or sanction.

D.            If a Review Board hearing is granted, the attorney general, the accuser, and the chair and representatives of the judicial body of original jurisdiction and of appellate bodies that have acted on the case will be notified of the reason(s) for appeal.

E.            If at any time the student wishes to stop the appeals process, he or she should immediately notify the associate vice chancellor for student success (Honor Board) or assistant director of residence life (Residence Hall procedures) and then proceed with the last sanction or decision.

Members of the Judiciary, Honor Board, and the Review Board. Members of these boards are screened and selected by the SGA Executive Council and are approved by the legislature. Members of all judicial boards shall be appointed for one academic year. An academic year runs from the first day of fall semester classes until the end of the spring examination period. A Summer Honor Board and Review Board may be appointed, if necessary. A quorum for the Honor Board and Review Board is five members including the chair.

Insofar as possible, it is recommended that the proper officials attempt to provide equal male and female, residence hall, and day student representation. Members of all judicial bodies shall be appointed for one academic year.

Attorney General. The attorney general works in conjunction with the associate vice chancellor for student success on matters relating to the judicial system. He or she is to be completely free and objective in rendering decisions and services with regard to the administration, faculty, and students. Those who seek this position are screened by the Selection Committee composed of administration, faculty, and student representatives. Two names are then forwarded to the SGA president, who, with the approval of the legislature, chooses one to be attorney general.

The duties of the attorney general include the following:

A.            Involvement with violations of the Code of Conduct and the Honor Code
B.            Coordination of the judicial system
C.            Safeguard of the procedural and substantive due process
D.            Rule on constitutional questions
E.            When formal charges are filed, only the attorney general has the authority to dismiss them
F.            When a judicial board is scheduled to meet and several members will be absent, the attorney general has the authority to appoint up to three members from another judicial board.
G.        As the presider at the preliminary conference

1.            States his or her name and duties
2.            States the charges against the defendant
3.            Notifies the defendant of the date, time, and location of the hearing

H.            Performance at the hearing

1.            Reads to the board the charges against the defendant
2.            Presents to the board all relevant facts concerning the case
3.            Recommends to the chair that a particular case be tabled due to absence of a witness or any other unusual circumstances. The chair may agree to table the case or may poll the board for a majority opinion.

Advocate for the Accused Student. For the purpose of ensuring a completely fair and unbiased presentation of a case, the associate vice chancellor for student success shall appoint advocates to become well acquainted with the appropriate board procedures and to render conscientious service to the accused students. Their job is to be sincere in their beliefs and to ensure the defendant a fair, impartial, and unbiased hearing. The associate vice chancellor for student success reserves the right to replace any of the advocates if recommended by a majority of the board members.

The duties of the advocate include the following:

A.            Interview the accused at the preliminary conference

1.            State his or her name and duties
2.            Explain the charges and the procedures of the hearing
3.            Go over the rights of the accused as guaranteed in the student constitution and the procedures of the board involved
4.            Assure the defendant that the board is available to assist the defendant in any way possible, remembering at all times each student’s responsibility to the Code of Conduct

B.         Duties at the hearing

1.            Make sure that the defendant’s side of the case is presented completely
2.            Make sure that the student’s constitutional rights are guaranteed in full

C.        Duties after the hearing

1.            Explain, if necessary, the disposition, the penalty, and the right to appeal to a higher board
2.            If he or she so desires, go with the student to his or her conference with the associate vice chancellor for student success the following morning

Joint Judicial Board (Procedural Review). The purpose of the Joint Judicial Board is to review periodically the state of the judiciary and recommend changes to the student legislature. The speaker of the legislature shall refer all bills touching on the judiciary to this board for its recommendation unless such bills shall be needed in an emergency and are certified as such by the president of the Student Government Association, the associate vice chancellor for student success, and the vice chancellor for student life. Ex-officio members will not have voting privileges.

The membership of the Joint Judicial Board shall be as follows:

A.            The attorney general, ex-officio, as chair
B.            Two student members appointed by the president of the Student Government Association
C.            One student member of the Residence Hall Association appointed by president of said body
D.            Two faculty members appointed by the vice chancellor for student life
E.            Two student legislators appointed by the speaker
F.            The public defender, ex-officio
G.           Associate vice chancellor for student success, ex-officio
H.           Director of University Housing Services, ex-officio
I.            Judicial coordinator: associate vice chancellor for student success/director of student judicial affairs, ex-officio
J.            Associate director of University Housing Services, ex-officio

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