POLICIES AND PROCEDURES | Student Progs/Services | 4.4 Due Process


Due Process

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of this academic community, students are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.


Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the community. Students should exercise their freedom with responsibility. 


As members of the larger community of which the college is a part, students are entitled to all rights and protection accorded them by the laws of that community.


By the same token, students are also subject to all laws, the enforcement of which is the responsibility of duly constituted authorities. When students violate laws, they may incur penalties prescribed by legal authorities. In such instances, college discipline is initiated only when the presence of the students on campus disrupts the educational process of the college. However, when students' violations of the law also adversely affect the college's pursuit of its recognized educational objectives, the college may enforce its own regulations. When students violate college regulations, they are subject to disciplinary action by the college whether or not their conduct violates the law. If students' behavior simultaneously violates both college regulations and the law, the college may take disciplinary action independent of that taken by legal authorities.
Rights

  1. All rights and privileges guaranteed to every citizen by the Constitution of the United States and by the state of North Carolina are not denied to students.
  2. Students are free to pursue their educational goals. Appropriate opportunities for learning in the classroom and on the campus are provided by the college. Student performance is evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.
  3. 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.
  4. Students have the right to inquire about and to propose improvements in policies, regulations, and procedures affecting government procedures, campus committees, and college offices.
  5. No disciplinary sanctions other than temporary removal from class or activity (only for duration of said activity) may be imposed upon students without due process. Due process procedures are established to guarantee students accused of student code of conduct violations the right to a hearing, a presentation of charges; and evidence for charges, the right to present evidence; the right to have witnesses on their behalf and to hear witnesses on behalf of the accuser(s); and the right of appeal.

 VP Stud Dev & Tech
BOT: July 20, 2010