Western Carolina University

[top]

• I just received a notice that I'm being charged with something – What do I do?
• What is going to happen at my hearing?
• Will my parents find out?
• What is FERPA?
• Will this affect my classes?
• What is "mutual resolution"?
• Will it help to take my case to a hearing board?
• What if I disagree with what was reported (written/said) about me?
• What if I disagree with the sanction reached in my case?
• I see people tailgating, can I do this?
• Can I file a policy violation charge against another student?
• I'm dealing with the court system, why am I still being contacted by WCU?
• Isn't this "double jeopardy"?!
• May I bring someone to my initial meeting/hearing?
• If I get in trouble off campus, will WCU find out about it?
• Will my incident show up on a permanent record or transcript?
• What happens if I do not attend my hearing or complete a sanction?
• If I have a hold, what do I do?

---

I just got a notice that I'm being charged with something – What do I do?   [return to top]    

First please reread the notice in order to determine who you need to contact.  Contact the appropriate source to schedule an initial meeting.

What is going to happen at my initial meeting?   [return to top]

Process video coming soon!

Each initial meeting follows a similar format.  The student is informed as to the alleged student code of conduct violations that will be addressed.  The staff member will inform the student of his/her rights, and the two will discuss the evidence relating to the case.  Ultimately, the staff member will use evidence to determine if a student is responsible or not responsible for the violation of the student code of conduct.  A mutual resolution will be offered, or the student has the option of proceeding to a hearing board. 

Will my parents find out?   [return to top]

This depends on a couple of factors.  The parental notification policy allows Western Carolina to share some information relating to your case with parents if a violation of alcohol or drug policy has taken place.  Information may also be shared in any other policy or situation that leads Western Carolina staff to believe that one is a danger to oneself or others.  In order to share detailed information with parents or guardians, a student must sign a FERPA waiver.  These waivers can be obtained in the DSCE office.

What is FERPA?    [return to top]

The Family Educational Rights and Privacy Act is legislation that provides privacy protection for students' academic record information.  One's information may only be accessed by professionals with a "need to know" and anyone that a student grants permission to.

Will this affect my classes?   [return to top]

If your case is regarding academic integrity it may potentially affect your grades, enrollment in particular classes, or even your enrollment at Western.  Some policy violations carry suspension and expulsion as sanctions, in these cases your academic progress may be interrupted or halted through disciplinary action.  In other cases, the answer is no.

What is a mutual resolution?   [return to top]

Mutual resolution is a system in place to expedite the disciplinary process.  Oftentimes, cases can be resolved during an initial meeting with a hearing officer without having to proceed to a hearing board. If the hearing officer and the accused student agree on responsibility and sanctions, a mutual resolution can be signed and there can be no appeal.

Will it help to take my case to a hearing board?  [return to top]

Please refer to minimum sanctions.  Note that should a hearing board find a student responsible they may sanction more, less, or equally as harshly as the hearing officer as long as the sanction is in compliance with minimum sanction requirements.

What if I disagree with what was reported (written/said) about me?   [return to top]

This is your opportunity to engage in the student conduct process. You will have the chance to tell your side of the story when you meet with the hearing officer for your initial meeting.

What if I disagree with the sanction reached in my case?   [return to top]

If a mutual resolution was reached, there is no appeals process.  This will be made clear during the meeting.  

If the decision was made through a hearing board the case will follow a typical appeals process.  A student may appeal a disciplinary decision on the grounds that new evidence not available during the first hearing has been uncovered, harshness of sanctions, or if the student's rights or due process were violated.  This appeal will be reviewed and a decision will be reached based on the facts of the case only.   A new proceeding will not take place.

I see people tailgating, can I do this?   [return to top]

Tailgating itself is not against Western Carolina University Policy.  It is the illegal and/or irresponsible behavior that accompanies tailgating which creates issues.  It is against the law and a violation of the WCU code of student conduct to purchase, possess, or consume alcohol under the age of 21.  Furthermore, those of legal drinking age must be within designated areas near the stadium in order to legally consumetheir alcoholic beverages while tailgaing.

Can I file a policy violation charge against another student?   [return to top]

Yes, but no anonymous charges may be filed.  To file a charge against another student you must submit, in writing and in detail, what happened and how you were affected by it. Submissions must include your name and current contact information.

What about a staff or faculty member?
Please consult with Human Resources.

I'm dealing with the court system, why am I still being contacted by WCU?   [return to top]

WCU students live by the Creed and the expectations placed upon all WCU students in regard to conduct whether they are on or off campus.  Students will be held accountable through both processes.  In many cases the administrative process is faster than the legal process, providing Western the opportunity to provide important and effective interventions for students.

Isn't this double jeopardy!?   [return to top]

No. Double jeopardy only applies to the criminal justice system. The WCU conduct process (administrative) and the criminal justice system are mutually exclusive.

May I bring someone to my initial meeting/hearing?   [return to top]

Yes.  Advisors (including legal representation) may come for moral support but may not speak on a student's behalf; they may speak to the student and advise as needed.

If I get in trouble off campus, will WCU find out about it?   [return to top]

If WCU does find out about an off-campus situation we will respond as necessary.

Will my incident show up on a permanent record or transcript?   [return to top]

Most situations will not.  However, if you will suspended or expelled from WCU your name will appear on the UNC Suspension/Expulsion database.

What happens if I do not attend my hearing or complete sanctions?   [return to top]

If you don't attend your hearing, the hearing will be held in absentia. If you fail to complete your sanctions you may have a Student Judicial Action Hold placed on your records and/or be charged with a violation of the Code, failure to comply with sanctions. 

If I have a hold, what do I do?   [return to top]

Student Community Ethics holds can only be lifted by the DSCE office.  These holds can be placed for multiple reasons including, but not limited to, incomplete Alcohol Wise course, incomplete conduct sanctions, participation in the conduct process, etc.  Please contact the DSCE office at 828.227.7234 in order to discuss any Student Community Ethics holds on your account.