Sanctions Explained

Students who plead guilty or are found guilty of an Honor Code violation will receive a sanction from the Honor Court. The sanctioning phase of the Honor Court hearing occurs the same night as the fact-finding portion of the hearing and thus students should be prepared to present witnesses and evidence relating to a sanction regardless of their plea.

Academic Cases
The Instrument of Student Judicial Governance describes sanctions pertaining to individual academic offenses as well as individual conduct offenses. The usual sanction for a first academic violation is definite suspension for at least one full semester and a grade penalty of an "F" for the course, a portion of the course, or the assignment. The course instructor may submit a recommendation stating which grade sanction he or she feels is most appropriate. The minimum sanction the Court may impose in academic cases is probation for at least one full semester; a "F" for the course, a portion of the course, or the assignment; court-imposed requirements and educational assignments as the Court deems necessary; and a written warning stating that a future academic violation will lead to more serious sanctions. The Court must impose at least a suspension of two full semesters in cases where a student is guilty of a second academic violation.

Conduct Cases
Unlike academic violations, many of the conduct offenses do not have specified usual or minimum sanctions. Exceptions exist in sexual assault cases and drug cases. For sexual assault cases, the Court must impose a sanction of no less than a two-semester suspension.

In drug possession cases, drug probation is the minimum sanction for possession of a drug listed in Schedules III-VI (such as marijuana). For possession of a drug specified in Schedules I-II (such as cocaine, amphetamines, ecstasy, LSD, and heroin), a 1-semester suspension is the minimum sanction. The Court must impose a more stringent sanction for a second violation of drug possession.

In cases where a student sells, manufactures, or possesses a sufficient quantity to be deemed in possession with intent to sell or distribute drugs, the sanctions required are more severe. For drugs listed in Schedules III-VI, a 1-semester sanction is the minimum for the first violation and expulsion is required for the second violation. Sale, manufacture or possession with intent to sell or distribute a Schedule I-II drug requires expulsion for the first violation.

For other conduct violations, the Honor Court retains discretion (guided by precedent) to determine the appropriate sanction. The Court can impose sanctions such as: drug probation, behavior management, "no contact" orders, community service, and restitution. In addition, the Court can rescind privileges enjoyed by students in Good Standing, such as the opportunity to participate in athletics on campus as well as in student groups that are affiliated with UNC-Chapel Hill. Furthermore, the Court can send a student a written warning, which states that another Honor Code violation would result in a stricter sanction. The Court retains the authority to issue eduacational assignments such as papers, community service, projects, etc. Lastly, the Court can impose penalties of record, which are described below.

Penalties of Record
There are three penalties of record: probation, suspension, and expulsion. These sanctions remain on an academic transcript for the duration of the time they are in effect. In addition, every sanction results in a disciplinary record retained for a period of ten years in the Dean of Students Office. Probation means that a student can stay at UNC and take classes but the student may not officially represent the University for the term of probation. Representing the university includes holding leadership positions, performing publicly, traveling on behalf of the university. For a complete list of activities prohibited during probation, please consult the Instrument. Probation can be for either a definite or indefinite length of time and may include conditions necessary for the student to complete prior to having the probation removed.

Suspension prohibits the student from taking classes and staying at UNC while the sanction is in effect. Suspension can be definite, indefinite, or permanent. Students who receive a definite or indefinite suspension could return to this institution but cannot transfer credit for course taken at another school while suspended. Students who receive permanent suspension may not return to UNC-Chapel Hill, although the student may attend another state institution. Students who are permanently suspended could attempt to enroll in another school within the UNC system. The Chancellor must agree to this sanction before it can go into effect in a particular case. A student can only have a sanction of permanent suspension lifted if the Chancellor so agrees after reviewing a petition and corresponding evidence submitted by the permanently suspended student. A student receiving permanent suspension may not apply to the Chancellor for reinstatement until at least one year has passed from the time the sanction went into effect.

Expulsion prevents students from attending any of the sixteen UNC-System universities. In cases where the Honor Court recommends expulsion the Chancellor will review the recommendation and must agree before expulsion can be imposed. For students who have been expelled, the Chancellor, upon petition, may review a student's request for removal of a sanction of expulsion; however, the removal of an expulsion does not assure that the student may return to UNC Chapel Hill.

Group Cases
Student groups and organizations (e.g. university recognized clubs and fraternities and sororities) will receive sanctions for violations committed by the group. The possible sanctions include: a written warning, the requirement of certain educational activities, the completion of other requirements as the Court deems necessary, community service, restitution, the loss of privileges, probation, a restricted status, and revocation of the group's charter. These sanctions are described in more detail in Section III.C of the Instrument.

Graduate and Professional Cases
Many of these sanctions defined in the Instrument can have dramatically different effects on graduate/professional students. These effects may differ greatly from program to program. Students need to thoroughly research the effects of sanctions prior to their Honor Court hearing. The best place to start this research is to check the graduate student handbook for your program, which can usually be found on the web. You need to know the qualifications of your fellowship or teaching assistant positions; you may need to know the maximum number of years you may take to complete your program, and whether or not your program has a Progressions or Promotions committee that will be reviewing your Honor Court case upon its completion. If you are an international student, you should check on your visa status with the International Center prior to meeting with your counsel.