North Carolina Hazing Law
CHAPTER 14. CRIMINAL LAW
SUBCHAPTER 03 . OFFENSES AGAINST THE PERSON
ARTICLE 9. HAZING
N.C. Gen. Stat. A§ 14-35 (2007)
A§ 14-35. Hazing; definition and punishment
It is unlawful for any student in attendance at any university, University, or school in this State to engage in hazing, or to aid or abet any other student in the commission of this offense. For the purposes of this section hazing is defined as follows: “to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group.” Any violation of this section shall constitute a Class 2 misdemeanor. HISTORY: 1913, c. 169, ss. 1, 2, 3, 4; C.S., s. 4217; 1969, c. 1224, s. 1; 1993, c. 539, s. 19; 1994, Ex. Sess., c. 24, s. 14(c); 2003-299, s. 1.
Sanctions and Definitions
Upon the finding of a violation of the Code of Conduct, students are subject to any of the following sanctions, alone or in combination. The purpose of judicial sanctions is to educate students about responsible behavior as members of the Saint Augustine’s University community, to maintain order, to provide an atmosphere in which students can study and develop academically, and to protect the rights and property of others. During deliberations, the Judicial Board and/ or the Judicial Administrator may take into consideration the following factors when determining an appropriate sanction: the present demeanor of the accused student, the accused student’s past disciplinary record, the nature of the violation, and the nature and extent of damage, injury, or harm resulting from the violation. Sanctions are imposed, consistent with the severity of the violation and without regard to a student’s classification, prospective graduation date, the time in the semester, or when the violation occurred, scholarship status or any other factor. Students who fail to complete their prescribed sanctions within the time allotted, may have their registration cancelled for subsequent semesters, until such time as the sanctions have been completely satisfied. Failure to perform prescribed sanctions, as directed, can lead to the imposition of more severe sanctions, including suspension from the University. Parents of minor students who receive a disciplinary sanction and/or arrest may be notified by a University official. One or more of the following sanctions may be imposed for any single violation of the Saint Augustine’s University Student Code of Conduct.
Expulsion constitutes the permanent separation of the student from the University, to which a student is not eligible for readmission and is permanently barred from University property and from all University sponsored or sanctioned events. In addition, students expelled from the University may not attend another University. If an expelled student returns to the campus, he or she may be charged with unlawful entry (trespass) and arrested. Any student who is expelled is not entitled to any tuition or fee refund.
Suspension involves separation of the student from the University for a specified period of time. In particular cases, the student may also be barred from University property during the period of suspension. Any student who is suspended shall not be entitled to any tuition or fee refund. Upon the imposition of a sanction of suspension, the Judicial Administrator will place a disciplinary hold (academic flag) on the student’s record, which will prevent reinstatement until the completion of the suspension. Upon completion of the suspension, the student must contact the Judicial Administrator for reinstatement and to have the hold removed.
3. Disciplinary Probation
Disciplinary probation is a written reprimand for violation of specified regulations, imposed for a specified period of time. A sanction of disciplinary probation includes the probability of more severe disciplinary sanctions (including, but not limited to suspension and expulsion from the University) if the student is found to be violating the Student Code of Conduct during the probationary period.
4. Disciplinary Reprimand
Disciplinary reprimand involves the issuance of a formal written warning to the student that future misconduct may result in more severe disciplinary action.
5. Suspension of Group
Suspension is the withdrawal of an organization’s recognition by the University for a stated period of time when an organization is found to have violated the Student Code of Conduct. Suspension shall result in complete suspension of the activities of the group during the stated period of time and may also include conditions for removal of suspension.
6. Organizational Dissolution
Organizational dissolution is a sanction imposed upon student organizations that violate the Student Code of Conduct. The sanction involves permanent withdrawal of recognition by the University, denial of the use of University facilities or funds, and official dissolution of the organization on the campus.
7. Mandatory Work Sanction
Assignment may be made to perform tasks under the supervision of the Judicial Administrator, or faculty/staff assigned, or another outside agency, for a period of time.
Restitution may be imposed on students when a violation of the Student Code of Conduct involves monetary loss or damage. Restitution to the University becomes a financial obligation, and failure to pay restitution may impact upon a student’s ability to register for classes, to graduate, or to obtain a transcript.
9. Cancellation of Housing Contract
Violation of the Student Judicial Code may result in cancellation of the accused student’s housing contract and denial of a housing contract in the future:
- When a sanction of suspension from University housing is imposed, the student is denied the opportunity to enter, even as a guest, or to live in University housing for a specified or indefinite period of time. Students removed from University housing shall remain liable for all housing fees and are not eligible for any refunds for the full occupancy period of the housing contract.
- When a sanction of expulsion from University housing is imposed, the student is permanently denied the opportunity to live in University housing, or to enter University housing, even as a guest. Students removed from University housing shall remain liable for all housing fees and any damages incurred, and are not eligible for any refunds for the full occupancy period of the housing contract.
10. Academic Registration Block
The Vice President for the Division of Student Development and Services may request that the Registrar place an Academic Registration Block on a student’s ability to register or to secure classes for subsequent semesters, for violations of the Code. The academic registration block will remain in place until the student has satisfactorily completed his sanction(s).
11. Presumptive Dismissal/Dismissal
Includes any disciplinary separation of a student from the University, whether for a fixed period of time or permanently. As such, it includes both suspensions and expulsions. Moreover, under this provision a student who is suspended may not be admitted to any other University or institution for the term of the suspension. A student who is expelled may not be admitted to another institution for at least one year (Saint Augustine’s University will not provide University transcript or recommendation for the purpose of transfer). Presumptive dismissal does not mean automatic dismissal. The policy contemplates (and constitutional principles require) that the student will have access to normal campus judicial proceedings and policies. However, in order to avoid dismissal, the student will have to demonstrate specific mitigating or extenuating circumstances that persuade the final decision maker that a lesser penalty is appropriate.
12. Order to Obtain Counseling
In cases where this sanction has been imposed, the student shall be required to provide evidence (on official agency’s letterhead) to the Office of the Judicial Administrator, of attendance and satisfactory completion of counseling by qualified professionals.
13. Other Sanctions
Sanctions other than those described above may be imposed for violations of the Student Code of Conduct. For example, participation in extra-curricular or athletic activities may be limited, or a student may be required to attend special classes, counseling or conferences on anger management, alcohol and drug abuse, etc.