V. Complaints, Charges, and Resolution Without Hearing

  1. Complaint or Referral
    1. Any member of the University community (student, staff, or faculty) may make a complaint alleging a violation of the Code. A complaint or referral made against a student(s) or student organization, alleging violation(s) of the Code, shall be directed to the Associate Dean of Students or their designee. In order to facilitate a timely investigation and processing of complaints, it is recommended that referrals are made within thirty (30) days following the date of the incident giving rise to the complaint.
  2. Right to Representation
    • In accordance with N.C.G.S. §116-40.11, the Respondent may be represented, at their own expense, by an Advisor who may be an attorney, except when the violation is an allegation of academic dishonesty.
    • An Advisor may fully participate in the Hearing Process only to the extent afforded to the Respondent they represent. An attorney or other individual representing the University may participate in the Hearing Process in which an Advisor is participating and present. Students choosing to utilize an Advisor are responsible for all associated expenses.
    • The Respondent and/or the complainant must provide a completed Notice of Attorney or Non-Attorney Advisor Form. The notice must be submitted at least three (3) days prior to the scheduled meeting or hearing. Failure to meet these requirements may result in the loss of the Respondent’s right to participation of an Advisor in the Hearing Process.
  3. Administrative Dismissal
    1. The Associate Dean of Students, or their designee, evaluates the complaint to determine whether the alleged conduct would violate the Code. If the Associate Dean of Students, or their designee, determines that the allegation, even if true, does not constitute a conduct violation, then the complaint is dismissed.
  4. Charges
    • If in the judgment of the Associate Dean of Students or designee, sufficient evidence warrants further action, they shall initiate the following procedures:
      Directive to appear/notice of charges

      • The student(s) or student organization charged with an alleged violation of the Code will be provided with written notice of charges which will be sent through the student’s UNC Asheville email address and will be required either to meet with the Associate Dean of Students or a trained faculty or staff member and/or attend a hearing on the date cited in the notice.
      • The meeting shall be scheduled for no less than ten (10) days from the date of the notice. The student(s) can expedite this meeting in writing if they would like to do so.
  5. Forms of Resolution
    1. In Absentia Resolution
      • If the Respondent fails to respond within six (6) days of an initial request from the Associate Dean of Students, or their designee, for a meeting, the case may be resolved in the Respondent’s absence through an In Absentia Resolution. The Associate Dean of Students, or their designee, will, in their professional judgment, make a determination on responsibility for any Formal Charge(s) and may specify any appropriate outcome(s). If the case is resolved through an In Absentia Resolution, the Respondent has the right to petition for their case to be reopened. Petitions must be received no later than five (5) days after written notice of outcome.
      • In Absentia resolutions are not available if the Formal Charges constitute a Serious Violation. In such cases, if a Respondent fails to respond to the initial meeting request the case may be referred to a Hearing.
    2. Alternative Resolution (click here for more information)