Initial Investigation
If a member of the University community suspects a violation of the Honor Code has occurred, he or she is encouraged to speak with the student to provide the opportunity for the student to explain the behavior. If the student does not provide a satisfactory explanation for his conduct, the witness to the conduct should report the matter to the Honor System or the Dean of Students Office at (919) 966-4042.

How the Honor System Receives Reports
The reporting procedure is different for students and faculty members. Faculty who suspect an academic violation must file a report and may inform the student of their intention to file a report. If the instructor and the student both agree to meet, they engage in an informal meeting wherein the instructor may share his concerns and the student will have the opportunity to provide additional information. Students accused of an academic violation may engage in this informal process if they so choose, after having reviewed their basic rights under the Honor Code. In order to ensure that students receive fair and equal treatment and sanctions are consistently applied, the faculty has agreed that instructors may not sanction students for Honor Code violations outside of the established process. If the parties meet, the instructor may determine: 1) he or she recommends that the Student Attorney General not charge the student; 2) the student admitted the violation and the instructor would like to recommend a sanction; or 3) the instructor does not have enough information and recommends a more thorough investigation.

Students should report violations directly to the office of the Student Attorney General either in person at 3505 New Union or by email to honor@unc.edu or in person to the Office of the Dean of Students (01 Steele Building, 966-4042).

The Investigation
For each report received, the Student Attorney General receives a report, he/she conducts a preliminary investigation to determine whether the alleged conduct constitutes an offense under the Honor Code and whether a reasonable basis exists to refer the matter for a hearing before the Honor Court. In making his/her decision, the Attorney General may discuss the report with the reporting party and any witnesses, review any written material, and discuss the matter with the accused student. Students are not required to answer any questions that may be self incriminating. Anything the student says to the Attorney General or staff during the investigation may be used in an Honor Court hearing if the student is charged. If the Student Attorney General finds that a reasonable basis exists to suspect that a violation has occurred, he/she will charge the student and schedule an Honor Court hearing. A decision to charge a student with a violation does not mean that the student has been found guilty, only that there is enough evidence to support the allegation and warrant a hearing.

If the Attorney General's investigation does not lead to charges, the matter is closed and neither the reporting party nor the Honor Court may impose sanctions.

Possible Violations of the Honor Code
At UNC students pledge to support the principles of academic integrity and to refrain from conduct that would be contrary to a safe, respectful, and productive University environment. For a complete list of Honor Code violations, please consult sections II.B and II.C of The Instrument of Student Judicial Governance.

Pre-Hearing Preparation
After a student is charged, he receives an email and/or letter from the Student Attorney General's office instructing of the charge and possible sanctions that may be issued in response to the violation. If the Student Attorney General charges the student with an Honor Code violation, he/she will assign an Investigator and a Defense Counsel to prepare the case for a hearing. The Investigator serves on behalf of the University community, presenting facts to the Honor Court that support the charge by questioning witnesses and presenting material evidence related to the alleged violation.

The Investigator is obligated to share all evidence with the accused student and his defense counsel before the hearing. The hearing is designed to provide the Honor Court with a complete set of facts so that it may make the most appropriate decision. The goal of all Honor Court hearings is to seek the truth and ensure there is a fair process for all parties involved.

The accused student and his/her counsel work to gather information that reflects the student's version of events and help the student organize and present it in an orderly and coherent fashion. Defense counsels are also responsible for making sure that students understand the Honor System process thoroughly.

All defense counsels who serve on the Student Attorney General's Staff are fully trained by the Student Attorney General and the Dean of Students Office and are certified to serve as Honor Court counsels by the Vice Chancellor for Student Affairs. While an accused student may be represented by any currently-enrolled student on campus, the Student Attorney Generals cannot be responsible for the level of training or expertise of students who are not on his/her staff.

The Hearing
The accused student is provided at least five business days’ notice prior to the hearing in order to provide adequate time for preparation. The Honor System office will provide the student with a written Notice to Appear at Honor Court, specifying the date and time of the hearing. Hearings are held in closed session, meaning they are not open to the public, unless the student requests an open hearing in writing in advance of the hearing. Open hearings are open to the Public and the press in accordance with the North Carolina Open Meetings Law. All hearings are recorded to preserve a record in case of appeal. In addition to the court members, the accused student, the defense counsel, and the investigator are present throughout all phases of the hearing. In cases involving certain offenses, the reporting party may remain throughout the hearing.

Students may plead not guilty, guilty, or they may enter no plea, which will result in the default entry of a not guilty plea. The type of plea entered can affect the type of hearing held:

• Not Guilty Plea Hearing - In a hearing in which the student decides to plead not guilty, five Honor Court members determine guilt or innocence, and if necessary, an appropriate sanction.
• Expedited Hearing of a Guilty Plea - Finally, if a student wishes to take responsibility and does not plan to challenge the evidence, he or she may participate in an Expedited Hearing. In this situation, three Honor Court members hear the case and determine the appropriate sanction for the offense. The Student Attorney General must agree to grant a student an Expedited Hearing if one is desired; otherwise, an accused student can still plead guilty and have a hearing under the procedures of a regular Honor Court hearing.
• Guilty Plea - In a hearing in which the student wishes to plead guilty, but perhaps disagrees with a portion of the evidence, five Honor Court members hear the case and thoroughly review the record in light of the student's concerns.

All types of hearings begin with introductions of all participants involved and a review of whether each Court member has prior knowledge of the case and whether this knowledge is prejudicial. The student then states his plea, which is entered onto the Notice to Appear and both counsels are given the opportunity to offer an overview of the case in their opening statements. After each counsel reads his or her opening statement, the Investigation calls any witnesses and enters evidence to support the charges. Witnesses may read a general statement of what they know regarding the incident, and the other participants have the opportunity to pose questions to them. After the Investigator provides the Court with his evidence, the Defense Counsel assists the student in presenting materials in support of the student's version of events. The Court may ask questions of the parties and witnesses at any time during the hearing. When each party has presented all of the witnesses and evidence, the two sides present closing statements. The accused student always has the final word and the Court then begins a private deliberation of the case.

If the Court finds there is not enough evidence to prove the charge beyond a reasonable doubt, the student is found not guilty and the case is considered closed. If the Court finds evidence of guilt beyond a reasonable doubt, it announces a judgment of guilty and then immediately begins to consider an appropriate sanction.The student may present evidence to the Court so that it can determine a sanction that is appropriate given the circumstances surrounding the offense and the student's personal situation.

The length of the hearing depends on the number of witnesses involved, the amount and complexity of evidence, and the length of time it takes the Court to deliberate. It is impossible to provide an exact estimate of how long a hearing will last because each hearing is unique. Usually, the student will know the entire outcome of the case in a single evening.
Students often ask how the actual hearing room is arranged, below is a simple diagram of the typical setup. Note that there is not a "jury box!"

Files and tape recorder are on table.

Sanctioning
If the Honor Court finds a student has violated the Honor Code, it will apply a sanction that reflects the University's goals to educate the student, protect the community, and redress any harm caused by the student's act. Honor Courts may levy educational sanctions, such as redoing an assignment or completing an assignment on academic honesty or citation methods. Sanctions are meant to be flexible, educational, and considerate of the unique circumstances of the violation and the student. Please see the "Sanctions Explained" page for a simplified explanation of sanctioning in the Student Honor Court. For a more comprehensive look at sanctions, please consult section III of the Instrument of Student Judicial Governance.

1. For academic violations, a failing grade, either on the assignment or in the entire course may result, as well as the possible required completion of an educational assignment. For academic violations, a sanction of suspension or probation must accompany the grade sanction.
2. For violations involving drugs, drug probation (or a more severe sanction) will be levied. The Court may issue behavior management programs, as well as orders of no contact or University community service.
3. Probation is a penalty of record that can be levied for either a definite or indefinite period of time. Probation means that a student may remain at the University, but may be required to satisfy special conditions. Those on probation are barred from participating in any activity in which the student would be representing the University in an official capacity.
4. Suspension is also a penalty of record that may be definite, indefinite, or permanent. The student is removed from Good Standing and must leave the University for the amount of time proscribed. Students, unless on permanent suspension, may be permitted to return to Carolina if all conditions are satisfied and the student receives the necessary clearance from the Court or the Dean of Students Office. Permanent Suspension prevents the student from returning to the University of North Carolina at Chapel Hill, although the student may attend other UNC-system schools. Permanent Suspension may only be imposed with the concurrence of the Chancellor.
5. Expulsion, a penalty of record that may also only be imposed with the concurrence of the Chancellor, removes the student permanently from UNC-CH as well as from all other UNC-system schools.
6. Written warnings, community service, completion of an educational sanction, restitution where applicable, loss of automobile privileges, and other sanctions may be imposed at the discretion of the Honor Court.

Post-Hearing
Students who are found in violation of the Code who wish to appeal the judgment and/or sanction rendered by the Court may do so on limited grounds. To file an appeal, the student must submit a letter of appeal to the Dean of Students Office within five business days of the hearing. This statement of appeal must include all of the grounds upon which the case is to be appealed and all facts supporting those grounds. If the appeal request does not contain sufficient facts or does not specify the grounds, it may be deemed insufficient and rejected.

The Assistant Dean for Judicial Programs will review each appeal to determine if the appeal meets the requirements set out in the Instrument. Students whose appeal does not meet these requirements will have their appeal denied. A special panel may review on request any decision to deny an appeal and issues a final determination regarding whether an appellate hearing is warranted. The panel's decision is final.

Students may appeal the decision of the original court on the basis of insufficient evidence, severity of the sanction, or violation of basic rights, as afforded by the Instrument. Appeals are heard by the University Hearings Board, comprised of two faculty members, one chair person designated by the Vice Chancellor for Student Affairs, and two members of the Honor Court who did not hear the original hearing. If a student wishes to appeal the ruling of the University Hearings Board, she or he may appeal to the Chancellor only on the ground of an alleged violation of basic rights or in cases where a sanction of expulsion was levied.

Records - What Happens to a Student's Records When He is Charged with an Honor Code Violation?
When a student is charged with a violation of the Honor Code, the Dean of Students Office creates a disciplinary file and enters a notation on the student's transcript to indicate a pending disciplinary hearing ("Honor Court Case Pending: Possible Honor Code Violation"). In addition, the Dean of Students places a hold on the student's transcript until the matter is resolved by the Honor Court. This hold prevents the student from receiving a transcript; students who wish to release a transcript despite the inclusion of the "Case Pending" comment should contact the Dean of Students Office at 966-4042.

Records - What Happens if a Student is Found Guilty?
If the Honor Court issues a sanction, the Dean of Students Office creates and retains a disciplinary file on that student for a period of ten years (if the student is expelled or permanently suspended, the file is maintained permanently). This file is accessible only with the student's permission or to individuals who have a legitimate educational interest under the Family Educational Rights and Privacy Act. FERPA provides that the university may share this information with admissions officers at a school to which the student applies in the future. Questions regarding this policy should be referred to the Dean of Students Office at 966-4042.

If the student is suspended or placed on probation, the following additional consequences result: during the term of the suspension or probation, a comment will appear on the transcript: "Definite (or Indefinite) Suspension/Probation through (term): Honor Code Violation. Student not in Good Standing." This comment remains on the student's transcript until he completes the period of suspension or probation and the Honor Court removes the sanction, if necessary (in the case of indefinite probation/suspenstion). Additionally in suspension cases, the Dean of Students Office places a "hold" on the student's registration and admission until he or she is eligible to return to the University. If the student is enrolled in classes at the time of the suspension, the Dean's Office withdraws the student from all of his classes. The student's transcript indicates the withdrawal and the date, but does not state a reason for the withdrawal. Despite the withdrawal, if the instructor reporting the case assigns a grade of "F" in the course in which an academic violation occurred, it will appear permanently on the transcript.

If the student is suspended between semesters, the student receives full credit for the previous semester (except for any class failed due to an Honor Code violation), and the suspension takes place in the following semester. Prior to returning to the University, the student must complete an application for re-admission, and pay an application fee.

Re-admission is not the same as admission; if the student was in good academic standing at the time of her or his withdrawal, it generally is a formality. If, however, the student was failing more than two classes at the time of the withdrawal, she or he may encounter eligibility issues that could prevent him from returning as a full-time student. If so, the student must restore his eligibility. Furthermore, some Graduate and Professional schools have Progressions or Promotions committees that may evaluate individual students and their eligibility. Questions regarding this policy should be referred to the Dean of Students Office at 966-4042.

Refunds and the Effect on University Housing
If a student is suspended/withdrawn within the first ten weeks of the semester, he will receive a pro-rated refund from the Cashier's office. If the withdrawal occurs more than ten weeks into the semester, the student will not receive a refund. If the student lives in University Housing, he or she will be charged administrative fees and pro-rated rent for the Housing contract, and unless the Assistant Dean for Judicial Programs makes an exception, the student must move out of the residence hall within 96 hours of the suspension. The Dean of Students Office generally does not advise the Resident Advisor or the Community Director of the reason for the withdrawal. Students should make moving arrangements in consultation with the Community Director. Depending on the timing of the withdrawal and/or the length of the suspension, the Dean of Students Office may cancel any future course registrations.

Effect on Financial Aid and Scholarships
A student who receives financial aid or scholarships should consult with the Office of Scholarships and Student Aid to determine if suspension affects her or his current or future student aid. Suspension in and of itself does not prevent a student from receiving need-based financial aid in the future; however, it may result in a need for the student to refund some amount of money that already has been received. Additionally, if the suspension is lengthy, the student may need to begin paying back loans before returning to the University. Graduate and Professional students should consult with relevant members of their program or department to determine the effects of sanctions on fellowships and grants.

If you have questions regarding any of the policies above, please contact the Dean of Students Office at 966-4042.