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.
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:
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.
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