Hazing Policy

I. Purpose

The University of North Carolina Asheville (“UNC Asheville” or the “University”) is committed to maintaining a safe, respectful, and productive learning, living, and working environment free of Hazing and retaliation for all members of the University community. Hazing is a violation of University Policy and a crime in the State of North Carolina (NC General Statutes §14-35 and §14-38). Hazing also violates the Stop Campus Hazing Act (SCHA), Pub. L. No. 118-173 (2024), which amends Section 485(f) of the Higher Education Act also known as the Jeanne Clery Campus Safety Act (Clery Act).

The Purpose of this Policy is to provide the University community with a clearly articulated set of behavioral standards, common understandings of definitions and key concepts, and descriptions and examples of prohibited Hazing. Hazing is an unproductive and hazardous practice that is incongruous with organizational and community values. It has no place in University life, either on or off campus.

The University will respond swiftly to thoroughly investigate reports of Hazing received from any source, and will promptly determine whether to proceed with University disciplinary action, to forward a report to appropriate law enforcement officials for prosecution as a criminal matter, or both. University community members who voluntarily consent to Hazing, as well as those who inflict it, are subject to such action. No person can be required, expected, or allowed to participate in any hazing activity for any reason. Students, student organizations, and other persons are expected to conduct themselves and their activities in a spirit of social responsibility and respect for others.

The University expects that UNC Asheville community members will take reasonable and prudent actions to prevent or stop Hazing. Taking action may include direct intervention when safe to do so, enlisting the assistance of other individuals, contacting University Police, seeking assistance from a person in authority, or reporting to designated offices or officials. Community members who choose to take these actions will be supported by the University and protected from retaliation.

The Assistant Vice Chancellor for Institutional Integrity & Access, who is the University’s Title IX Coordinator and Clery Act Compliance Officer, is charged with overseeing this Policy and ensuring the University’s compliance with the Clery Act and the SCHA, which amends the Clery Act. Throughout this Policy, any reference to the Assistant Vice Chancellor includes the Assistant Vice Chancellor’s designee(s). 

Nothing in this Act, or an amendment made by this Act, shall be construed to affect the rights (including remedies and procedures) available to persons under the First Amendment of the Constitution of the United States or rights to due process.

II. Scope

This Policy provides the UNC Asheville community with the structure and guidance to assist those who have been affected by Prohibited Conduct. The expectations outlined in this Policy apply to all members of the UNC Asheville community, including students, student organizations, and other persons associated with an organization. Other persons associated with a University-sanctioned or recognized organization include, but are not limited to, the following:

  • Members or participants in the organization;
  • Advisors (including faculty or staff of the University who serve in this capacity);
  • Alumni or the organization or the University;
  • University faculty and staff, including coaches;
  • Volunteers;
  • Athletics Booster Club; 
  • Representatives of external organizations having an association with or interest in University-sanctioned or recognized organizations or activities (e.g., national fraternity or sorority, third-party youth program); and
  • Contractors or other third parties. 

The University will update this Policy as soon as feasible to reflect any court rulings or changes that invalidate parts of the Policy, if applicable. The Assistant Vice Chancellor for Institutional Integrity & Access will review this Policy on an annual basis in order to attend to evolving legal requirements and improve the University’s response, including support services and resources and resolution procedures. The University reserves the right to make changes to this document as necessary. All changes will be posted online and take effect immediately upon posting.

III. Jurisdiction

This Policy applies to any event, program, or endeavor operated, conducted or organized on University property and/or anywhere off-campus, including virtual spaces. Per the Clery Act, reports of Hazing behavior that are alleged to have occurred within Clery geography shall be included in the UNC Asheville Daily Crime Log, the Annual Security Report (ASR), and the Campus Hazing Transparency Report (CHTR).

A. The Clery Act geographic categories are defined as:

  1. On-Campus
    1. Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of or in a manner related to the institution’s educational purposes, including residence halls; and
    2. Any building or property that is within or reasonably contiguous to the area identified in paragraph (a), that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or retail vendor).
  2. On-Campus, Residential Facilities (a subset of On-Campus)
    1. Any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus.
    2. The number of crimes that occurred in Residential Facilities is also included in the total statistics for On-Campus.
  3. Non-Campus Building or Property
    1. Any building or property owned or controlled by a student organization that is officially recognized by the institution; or
    2. Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
  4. Public Property
    1. All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

B. Public Reporting: Distinction between the ASR and the CHTR

  • Hazing statistics reported in the ASR follow Clery Geography rules and may not reflect the incidents reported in the CHTR. The CHTR includes a summary of any finding of responsibility for a Hazing violation by a student organization established or recognized by the University regardless of where the misconduct occurred, including off-campus. The University’s response requirements apply whether the alleged Hazing occurred on- or off-campus (e.g., private homes, trips, and events, etc.), including in virtual spaces. 

 

C. Definitions

Actual Knowledge means notice of prohibited conduct to any University employee who is aware of the conduct at issue. The University must address any alleged prohibited conduct about which a University employee knows or should have known. 

Admission means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an Education Program or Activity operated by UNC Asheville.

Coercion in the context of Hazing refers to verbal and/or physical conduct, including manipulation, intimidation, blackmail, unwanted contact, and express or implied threats of physical, emotional, or other harm, that would reasonably place an individual in fear of immediate or future harm and that is employed to compel someone to engage in hazing. Hazing can involve coercion when someone feels forced or pressured to participate in harmful or degrading activities. Coercing an individual to engage in hazing violates this Policy in the same way as physically forcing someone to engage in Hazing.

Complainant(s) refers to a person(s) or student organization who files a formal accusation or report regarding alleged hazing activities.

Complicity refers to any act by an individual who knowingly aids, abets, facilitates, promotes, or encourages another person to commit an act of Prohibited Conduct.

Day (unless otherwise specified) means a business day, Monday through Friday, excluding all official holidays or campus closures, on which the University is open for normal operation.

Degradation refers to the act of treating someone with disrespect or in a way that humiliates them. Hazing often involves degrading actions meant to arouse feelings of fear, anguish and/or inferiority. 

Disciplinary Sanctions means consequences imposed on a Respondent, such as a person or (student) organization, following a determination under the Policy that the Respondent violated UNC Asheville’s prohibition on Hazing. 

Education Programs or Activities refer to all of the operations of UNC Asheville, including, for example, academics, research, extracurricular activities, University employment, training, facilities, computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the University. 

Employee means any person employed by UNC Asheville, permanent or temporary employees (SHRA staff, EHRA staff, and EHRA faculty), and student workers.

Force is the use of physical violence and/or imposing someone physically to participate in hazing. Force also includes threats or intimidation (implied threats), that overcomes free will to choose whether to participate in an activity. For the use of force to be demonstrated, there is no requirement that a person resists the request. However, resistance by the person will be viewed as a clear demonstration of non-consent.

Harassment is behavior that is unwelcome and is directed at an individual; and is sufficiently objectively offensive and either so severe or pervasive such that it interferes with an individual’s work or education program and/or activities.

Hazing is described under Section V. Prohibited Conduct

Intimidation refers to verbal, non-verbal, and/or written behaviors in which members are reasonably fearful for their personal health, safety, well-being, and/or membership. 

Initiation refers to a process or ceremony by which someone is formally introduced or accepted into a (student) organization or program.

Isolation refers to the state of being separated or excluded from a group or community. Hazing might involve isolating new members to make them feel vulnerable or dependent on the group.

Investigator means the person tasked by the University with investigating alleged Hazing conduct.

Manipulation is controlling or influencing someone unfairly to get them to participate in prohibited conduct, often through deceit or guilt. Hazing rituals can sometimes manipulate individuals into participating against their will. 

Party or Parties means the Complainant(s) or Respondent(s) either separately or collectively.

Peer Retaliation means retaliation by a student against another student.

Prohibited Conduct means Hazing as defined in this Policy.

Relevant means related to the allegations of Prohibited Conduct under investigation as part of this Policy. Questions are relevant when they seek evidence that may aid in determining whether the alleged Hazing occurred, and evidence is relevant when it may aid a decision-maker in determining whether the alleged Hazing occurred. 

Respondent(s) means a person(s) or student organization who is alleged to have violated UNC Asheville’s prohibition on Hazing.

Retaliation means any adverse action, intimidation, threats, coercion, or discrimination by any person, by UNC Asheville, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under UNC Asheville’s Education Program or Activity or employment opportunity, for the purpose of interfering with any right or privileged secured by federal or state law, or University Policy, or because the person has reported information, made a Complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.

Ritual refers to a prescribed procedure or series of actions, often ceremonial, that can be part of an initiation process. While rituals can be positive and meaningful, Hazing rituals often involve harmful actions.

Student means a person who has gained admission to the University.

Student organization refers to an organization at an institution of higher education (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution.

Third party refers to an organization or person not affiliated with the University that uses University facilities or technology to conduct a program or activity pursuant to an approved contract or other use agreement with a sponsoring University department.

Unrecognized student organization refers to an organization, regardless of national affiliation, that is not registered through UNC Asheville. Unrecognized organizations are not affiliated with the University and do not enjoy the rights and privileges of registered organizations. They do not receive support, oversight, funding, or training and education from the University. These groups do not have registered faculty or staff advisors to mentor members and advise the organization. Unrecognized student organizations may have been previously registered or formally recognized by the University and lost that recognition as a result of a University or national organization conduct process.

 

IV. Prohibited Conduct

A. Hazing is defined as

  1. An intentional, knowing, or reckless act
  2. committed by a person, whether individually or in concert with other persons,
  3. against a student, regardless of that student’s willingness to participate, that—
  4. was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in, an organization (such as a club, society, association, athletic team, fraternity, sorority, or student government); and
  5. causes or is likely to contribute to a substantial risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical training necessary for participation in an athletic team), of physical injury or psychological injury including—
    • whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
    • causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
    • causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
    • causing, coercing, or otherwise inducing another person to perform sexual acts;
    • any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
    • any activity against another person that includes a criminal violation of local, state, tribal, or federal law; and
    • any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, state, tribal, or federal law.

The action or situation in connection with initiation, admission, affiliation, or ongoing membership in an organization, may occur with or without the consent of the participants, and may occur on or off University Property. Because of the socially coercive nature of Hazing, implied or expressed consent is not a defense under this Policy.

Conduct that constitutes Hazing may also be found to violate other University policies including the Policy on Prohibited Conduct under Title IX, the Policy on Discrimination, Harassment, and Related Misconduct, and Code of Student Responsibility.

Failure of an individual in a leadership role or position of power to address and/or report an act of Hazing committed against another individual may also be a violation of this Policy.

 

B. Hazing is prohibited under North Carolina General Statutes (NCGS)

NCGS §14-35.

Hazing; Definition and Punishment: It is unlawful for any student in attendance at any university, college, 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 purpose 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.

NCGS §14-38.

Witnesses in Hazing Trials: In all trials for the offense of hazing, any student or other person subpoenaed as a witness on behalf of the State shall be required to testify if called upon to do so: Provided, however, that no student or other person so testifying shall be amenable or subject to indictment on account of, or by reason of, such testimony.

 

C.  Additional Examples of Hazing

In addition to the aforementioned Prohibited Conduct, examples of actions and situations that may constitute Hazing include, but are not limited to, the following:

  • Physical abuse or harm expected of or inflicted upon another, including paddling, burning, branding, tattooing, spraying, pelting, or requiring any strenuous or excessive physical activity (e.g., calisthenics or physical training) intended to harass, punish, or harm an individual.
  • Required, forced, or coerced consumption of any substance, including food, liquid (e.g., alcohol), drugs, or other substances, whether legal or illegal.
  • Sleep deprivation or excessive fatigue, including interference with scholastic obligations; requiring late night work sessions, meetings, or sleepovers that interfere with getting six consecutive hours of sleep per day, which is considered to be a minimum.
  • Psychological hazing or abuse, defined as any act which is likely to: compromise an individual’s dignity; cause an individual embarrassment or shame; cause an individual to be the object of malicious amusement or ridicule; or cause an individual emotional distress (e.g., threats, intimidation, social isolation);
  • Sexual violence, including any required, encouraged, expected sexual activity, whether actual or simulated.
  • Exposure to dangerous or degrading conditions, including prolonged exposure to severe or inclement weather; burying in, spraying, painting, or pelting with any substance; forced public parades; or being blindfolded and transported or otherwise manipulated without consent.
  • Compelled servitude or menial tasks, such as requiring or expecting new members to perform the tasks of, or to do tasks for, experienced members or to address members with honorary or formal titles.
  • Forced participation in degrading acts or attire, such as wearing conspicuous, embarrassing,  or inappropriate clothing (e.g., male identified persons forced to wear feminine dress and makeup); participating in humiliating games, stunts, or buffoonery; or carrying objects (e.g., shields, paddles, hammers, etc.) meant to embarrass or punish.
  • Coerced isolation or silence, including restricting social contact from other individuals or groups, or requiring extended periods of silence.
  • Misleading or deceptive practices, such as falsely leading individuals to believe they must complete certain tasks, follow instructions, or act in a certain way, or will be harmed to gain membership or be initiated.
  • Involuntary travel or abandonment, including kidnapping, forced road trips, scavenger hunts, abandonment in unfamiliar locations, or any other involuntary excursions.
  • Restraint or physical restriction, including binding or otherwise preventing free movement.
  • Illegal, unlawful or prohibited activities, including theft, damaging public or private property, including personal property, or obtaining/possessing items or completing tasks that violate University policies, including the Code of Student Responsibility or are not consistent with the student organization’s mission or values.

If a student or student organization is unsure if an act constitutes Hazing, they should ask themselves if they could satisfactorily explain a questionable activity to parents, the parents of a fellow-student, a University official, a police officer, or a judge. If not, then the activity probably constitutes Hazing. When in doubt about an activity, an individual should ask a dean, coach, or other University employee who works with student organizations, groups or teams. University employees may provide additional examples of behaviors that might constitute hazing, examples of positive group-building activities, assistance with organizing non-hazing events to foster teamwork and cohesiveness, and other relevant information and support.

 

V. Reporting Options

UNC Asheville takes violations of the Hazing Policy extremely seriously, and encourages anyone who has been hazed, has witnessed hazing, or suspects someone they know has been hazed, to feel empowered to report the alleged behavior or observations to the appropriate University officials or University Police.

A University employee, including student employees, alumni, volunteers, and contractors, must immediately report knowledge of hazing to the University and to University Police any information about past, current, or planned hazing. 

The University’s ability to investigate reports and enforce Policy depends on the accuracy and specificity of the information provided.  You are encouraged to provide as much specific detail as possible, so that appropriate action can be taken to address the reported behavior.

If you choose to make a report through University Police, the Dean of Students (including Student Conduct), or Institutional Integrity & Access and prefer to remain anonymous, every attempt will be made to accommodate you in this regard; however, your anonymity cannot be guaranteed. If a person is charged with a disciplinary violation, that person will have the right to review all information that will be considered by the appropriate disciplinary body when adjudicating the charge, and it may become necessary to disclose names. Regardless, no person will have access to documents bearing other individuals’ names or identities without that person’s written permission. 

A. Reports may be made via the following methods:

1. University Police

  • Call 911 to report any emergency situations
  • Call 828.232.5000 for emergency and nonemergency situations to speak with University Police. An officer will assist in identifying which law enforcement agency should receive the report of the incident if it occurred outside their jurisdiction.
  • Make a report in person at the UNC Asheville Police Department located at Weizenblatt Hall.

2. Hazing Report Form

  • Anyone who submits a report to law enforcement or University officials is encouraged to complete the online Hazing Report Form. 

3.Office of the Dean of Students

  • You may make a report to the Dean of Students Office via email (dos@unca.edu), 828.251.6585, or in person at Highsmith 237.  

4. Office for Institutional Integrity & Access

  • Violations by University employees and other persons should be reported directly to the Office for Institutional Integrity & Access. Contact the Office via email (titleix@unca.edu), phone call (828.232.5658), or in-person at Highsmith Suite 116.

 

B.Failure to Report

Any University employee, including student employees, found to be knowledgeable about hazing who did not report the hazing or played any active role in facilitating or participating in the hazing will be subject to administrative action up to and including expulsion or termination from the University and referral for criminal prosecution under state law. Alumni, volunteers, and contractors may be subject to a University ban order. 

 

C. Amnesty: Support for Reporting Allegations of Hazing and Retaliation

The University encourages reporting of hazing behavior and retaliation and seeks to remove barriers to reporting. The University recognizes that parties or witnesses may be hesitant to report Prohibited Conduct or participate in an investigation because they fear that they themselves may be in violation of certain policies, such as underage drinking or illicit drug use at the time of the incident (whether such use is voluntary or involuntary). To encourage reporting under this Policy and participation in the investigation process, the University will not pursue disciplinary action against Complainants or Witnesses for disclosure of minor policy violations — such as illegal personal consumption of alcohol or other drugs  — where such disclosures are made in connection with a good faith report or investigation of hazing or retaliation. The University may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol and/or other drugs.

This provision does not apply to more serious allegations that place the health or safety of another individual at risk, such as physical abuse of another or illicit drug or alcohol distribution that contributed to the commission of a Policy violation. 

Students and employees who choose to report and request amnesty for their own conduct under this Policy should know that amnesty does not apply to or has no effect on any criminal or civil action that may be taken by law enforcement agencies, including University Police, or other legal authorities. 

Implementation of amnesty falls to the Office responsible for the disciplinary action/sanction (e.g., Dean of Students, Office for Institutional Integrity & Access, or Academic Affairs).

 

VI. Procedures

Upon receiving a Report or Complaint of hazing regarding a student, student organization or other persons, the University will provide for a prompt, equitable, and impartial Investigation of the complaint. An investigation process related to the reported hazing will be completed by the appropriate University

office(s) in accordance with their applicable procedures. Based upon the involved parties and the nature of the allegations, these offices may include, but are not limited to, the Dean of Students Office (Student Conduct) or the Office for Institutional Integrity & Access. University Police will conduct a separate investigation of the Hazing allegation as per North Carolina General Statute. 

In instances where hazing is reported directly to external authorities or the international

leadership of an external organization, the University will cooperate with any subsequent investigations to the extent that student rights and institutional integrity are not compromised.

    1. Receipt of Report of Alleged Hazing 

      An appointed University official completes an intake meeting and/or fact finding to determine next steps: 1) not to move forward with an investigation due to insufficient information/evidence, or 2) move forward to open an investigation. The official appoints an investigator trained to conduct a thorough, impartial, and equitable investigation.

    2. Interim & Supportive Measures

      To protect the ongoing health and safety of the University community, the University may issue interim measures (e.g., emergency or interim removal, administrative leave, or other directive) as dictated by University policies, including the Code of Student Responsibility. The University may also restrict communication between members of the student organization during the investigation. Once imposed, the University will take necessary action to enforce the implemented measures

      The University may offer supportive measures to address issues that impact the Complainant’s or Respondent’s educational, living, or working environment. Supportive measures may include academic or workplace adjustments, a residential change, or safety planning.

    3. Issue Notice of Allegations/Investigation (NOA)

      The Notice of Allegation(s) and Investigation is sent to Respondent(s) (student, student organization, or other persons). If the alleged hazing involves a student organization, the investigator will contact the presiding student leader and advisor of the organization under investigation.

      If, in the course of an investigation, the University decides to investigate allegations about the student, student organization, or other persons that are not included in the original notice, or dismiss allegations, the University will amend or update the NOA and provide written notice to the Parties.

      Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address(es) as indicated in official University records, emailed to the Parties’ University-issued email or designated accounts, or delivered electronically via a secure University-issued account on a web-based portal. Once mailed, emailed, delivered electronically, and/or received in person, the notification will be presumptively delivered.

    4. Conduct Investigative Interviews & Evidence Collection

      Notice of interviews are sent to the Complainant(s), Respondent(s), and Witnesses. The investigator conducts interviews with the Parties, including Witnesses and any individuals with directly relevant information.

      The investigator will request relevant information and evidence from the Parties, members of the student organization(s), and other persons deemed relevant to the investigation. Evidence includes, but is not limited to, emails, text messages, social media posts, screenshots, photographs, voicemail messages and other physical, documentary, and/or electronic data that might be helpful or relevant in an investigation.

    5. Prepare Investigative Report

      The Investigator prepares a report and submits it to the appropriate official for review. The Investigator’s report shall include a recommendation regarding whether the alleged hazing constitutes a violation of the Hazing Policy based on whether the preponderance of the evidence standard has been met.

    6. Adjudication Process

      The Investigator submits the investigative report to the designated University official who determines whether to move forward with an adjudication process based on whether the preponderance of the evidence standard has been met. If the University official determines there is insufficient information/evidence, the University official may choose not initiate the disciplinary procedure. The investigation will be closed and the determination will be final.

      If the University official determines there is sufficient evidence that the alleged conduct violates this Policy, a disciplinary proceeding will move forward in accordance with the appropriate procedure based on the status of the Respondent(s) (i.e., student, student organization, or employee).

      • Student

      As per the University’s Code of Student Responsibility, the Director of Student Conduct may invoke the student disciplinary process upon an allegation of Hazing. Campus disciplinary procedures may be initiated regardless of whether criminal prosecution occurs. The Director of Student Conduct may immediately refer the matter to the campus disciplinary process or may defer referral until the outcome of the criminal proceedings has been reported. A University investigation may not impede a criminal proceeding. If conviction of a criminal offense of Hazing occurs, the student may be expelled from the University.

      • Employee

      Any allegation of Hazing or failure to report hazing involving an employee will be pursued under the appropriate employee disciplinary procedures concordant with the employee’s status at the University (SHRA, EHRA non-Faculty, and Faculty).

      • Adjudication of allegations against employees subject to the provisions of the State Human Resources Act will follow the Office of State Human Resources Disciplinary Action policy.
      • Adjudication of allegations against staff employees exempt from the provisions of the State Human Resources Act will be made by their supervisor, in consultation with the investigator and may include Human Resources staff.
      • Adjudication of allegations against Faculty members will follow applicable provisions in the UNC Asheville Faculty Handbook and UNC Asheville Tenure Policies and Regulations.

    7. Notice of Outcome

      Upon completion of the adjudication process, the student, student organization, or other person will receive a written Notice of Outcome which includes the findings and/or sanctions and the procedures and permissible bases for the Respondent to Appeal, if applicable.

    8.  Disciplinary Sanctions

      The Hazing Policy provides for sanctions designed to hold a student, student organization, employee, or other person responsible for their conduct, to prevent future recurrence, and to provide resources for support of modified behavior. Anyone found responsible for violating this Policy may face disciplinary action, up to and including expulsion or termination from the University, and may also face criminal charges under applicable Federal law, State law, or Local law. 

          • Sanctions for Students or Student Organizations

            • Sanctions for students, student organizations, or other persons include, but are not limited to, mandatory training or education; reflective conversations; written reprimand; restitution; community service; imposition of fines; loss of privileges or restricted access to campus or campus facilities; restrictions on participation in organizations and leadership roles on campus; loss of recognition for student organization; probation, suspension, or expulsion; or termination of student employment. Such penalties shall be in addition to any other penalties imposed for violating state criminal law or any other University policy.
            • Expulsion or degree revocation will be the minimum conduct sanction assigned to any student or student organization for any violation of this Policy that causes death, serious physical harm, or substantial risk of physical harm. This includes coerced or forced consumption of alcohol or other drugs that causes death, serious physical harm, or substantial risk of physical harm.
            • The University may revoke a student organization’s permission to operate on University property or rescind its University recognition among other actions.
            • Additional penalties that may be imposed for student-athletes or teams include, but are not limited to, penalties imposed by head coaches or athletics administrators, the NCAA or related athletics conferences; suspension from practice/competition or removal from a team; termination of athletics eligibility; cancellation of games and/or remainder of a season; or post-season ban.
            • Violations of this Policy are subject to referral to University offices, as well as to regional and or inter/national affiliated offices of student organizations, for action and prosecution.

          • Sanctions for Employees

            • Violations of this Policy by employees may result in corrective action which may include, but is not limited to, mandatory training or education, written reprimand, probation, loss of privileges, revocation of tenure, and/or termination of employment. Such penalties shall be in addition to any other penalties imposed for violating federal, state, or local criminal law or any other University policy.

          • Sanctions for Alumni, Volunteers, or Non-affiliates

            • If an alumnus, volunteer, or non-affiliate is involved in a Hazing allegation, a formal grievance procedure does not apply. The University reserves the right to take appropriate action. For example, an alumnus/a, volunteer, or non-affiliate may be banned from future University-sponsored or -affiliated events or campus property owned or controlled by the University.

    9. Advisor or Support Person

      Complainant(s) and Respondent(s) are entitled to have one advisor or support person of their choice and at their own expense who may accompany the Party to any meeting with a University employee, any meeting with an Investigator, and to a hearing, if one is held. However, the advisor or support person shall not be permitted to participate directly in the process. An advisor may be, but is not required to be, an attorney. The University will not limit the choice or presence of the Advisor for the Complainant or Respondent in any meeting or proceeding. 

      If a Party requests that all communication be made through their attorney Advisor instead of to the Party, the University will agree to copy both the Party and their Advisor on all communications.

      Witnesses are ineligible to serve as Advisors.

    10. Appeals

      A Respondent may appeal in accordance with the appropriate disciplinary procedure consistent with their status at the University. Students may appeal according to the procedures outlined in the Code of Student Responsibility. Employees should refer to the appropriate appeal procedure consistent with the employee’s status at the University (SHRA, EHRA non-Faculty, and Faculty).

    11. False Allegations/False Statements

      All UNC Asheville community members are expected to provide truthful information in any report or process under this Policy and are further expected to cooperate with the University in any such proceeding. Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in connection with an incident of Prohibited Conduct is prohibited and subject to disciplinary sanctions. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated or no policy violation is found to have occurred. No Complaint will be considered “false” or “made in bad faith” solely because it cannot be corroborated.

    12. Witness Role and Participation in the Investigation

      The Investigator will make a good faith effort to contact and interview any Witnesses, including those persons no longer at the University or who may not have any affiliation with the University. The Parties will have the opportunity to provide Witness names to the Investigator. The Investigator may also interview any other individual believed to have relevant information. The Investigator will inform each Witness or other individuals interviewed that they are prohibited from retaliating against the Complainant, Respondent, or other witnesses.

      Interviews may be conducted in person, via online video platforms (e.g., Zoom, Google Meet, Microsoft Teams, etc.), or, in limited circumstances, by telephone. The University will take appropriate steps to ensure the security/privacy of remote interviews.

      Employees (not including the Complainant and the Respondent) are required to cooperate with and participate in the University’s Investigation and Resolution Process. Student Witnesses and Witnesses from outside the University community cannot be required to participate but are encouraged to cooperate with University Investigations and to share what they know about a Complaint.

      All Witnesses who participate in the Investigation will be instructed that they may be asked to participate in a hearing on the matter. The appropriate University Official will notify all witnesses of the date, time, and location of the hearing and offer each Witness an opportunity to meet to discuss the proceedings.

    13. Recording of the Adjudication Process

      UNC Asheville Policy prohibits unauthorized audio or video recording of any kind. If a Party, including Advisor, wishes to record any meeting or interview, they must notify the Investigator or the appointed University official of that request and receive expressed permission.
      The University reserves the right to record all meetings, interviews, and hearings, as necessary, to ensure a compliant and reliable process. All participants will be made aware of audio and/or video recording and how that recording will be used prior to the start of the meeting, interview, or hearing. All recordings will be retained and made available to the parties in accordance with federal and state laws.

    14. Time Frames

      Upon receipt of a report of alleged hazing, the University will make every effort to complete the initial investigation within thirty (30) business days.

VII. Retaliation

Retaliation means any adverse action, intimidation, threats, coercion, or discrimination against any person by the recipient, student, or employee or other person authorized by the recipient to provide aid, benefit, or service under the University’s Education Program or Activity or employment opportunity, for the purpose of interfering with any right or privilege secured by federal or state law, or this Policy, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Hazing Policy or Clery Act (SCHA). Retaliation includes conduct through associates or agents of a Complainant, Respondent, or participant in any investigation or proceeding related to this Policy, including peer retaliation in which retaliation occurs by a student against another student.

Complaints alleging retaliation may be submitted to the Assistant Vice Chancellor for Institutional Integrity & Access and will be addressed in accordance with the applicable disciplinary policy:

  • Students should follow the Code of Student Responsibility.
  • Adjudication of allegations of retaliation against employees subject to the provisions of the State Human Resources Act will follow the Office of State Human Resources Disciplinary Action policy.
  • Adjudication of allegations of retaliation against staff employees exempt from the provisions of the State Human Resources Act will be made by their supervisor, in consultation with the investigator and may include Human Resources staff.
  • Adjudication of allegations of retaliation against Faculty members will follow applicable provisions in the UNC Asheville Faculty Handbook and UNC Asheville Tenure Policies and Regulations:

VIII. Training and Prevention Education Programs for Hazing

As part of its commitment to the prevention of Hazing, UNC Asheville offers research-informed training and prevention education programs annually and throughout the academic year to all University community members.

These prevention and awareness programs include, but are not limited to, information about what constitutes hazing; a statement of current policies relating to hazing; how to report incidents of hazing; and the process used to investigate hazing behavior. The programs also include primary prevention strategies intended to stop hazing before hazing occurs, such as skill building for bystander intervention, information about ethical leadership, and the promotion of strategies for building group cohesion without hazing.

The required annual in-person Clery Campus Security Authority (CSA) includes a module on preventing, responding to, and reporting Hazing behavior. 

IX. Outcomes Reporting: The Campus Hazing Transparency Report (CHTR)

Consistent with SCHA, the University will report any findings of Hazing Policy or law violations through the biannual Campus Hazing Transparency Report (CHTR). The CHTR will provide information about University Policy and applicable local and state laws (NCGS §14-35 and §14-38) prohibiting hazing.

The report summarizes the findings concerning any student organization, which is established or recognized by the University, found to be in violation of the University’s standards of conduct related to hazing. The report will include:

  • The name of the student organization;
  • A general description of the violation that resulted in a finding of responsibility, including whether the violation involved the abuse or illegal use of alcohol or drugs;
  • Any sanctions placed on the student organization by the institution, as applicable; and 
  • Related dates, including:
  • the date of the alleged incident, 
  • the date of the initiation of the investigation, 
  • the date the investigation ended with a finding that a hazing violation occurred, and 
  • the date the institution provided notice to the organization of the finding.

The CHTR includes a summary of any finding of responsibility for a hazing violation by a student organization established or recognized by the University regardless of where the misconduct occurred, including off-campus. The Clery Act’s definition of “campus” does not apply for CHTR reporting purposes. 

The CHTR shall not include any personally identifiable information, including any information that would reveal personally identifiable information, about any individual student in accordance with the Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C. § 1232g).

CHTR summary may contain additional information determined by the University to be necessary and/or as required by state hazing incident disclosure laws. 

The CHTR will be published on the UNC Asheville website, which will include a statement notifying the public of the availability of hazing statistics published in the Annual Security Report (ASR) with a link to the publication and information about state, local, and tribal laws. The CHTR will be maintained for a period of seven (7) calendar years from the date of publication.

X. Related Regulations, Policies, and Requirements

A. External Regulations

1. Federal

2. North Carolina Statutes

Protection for individuals making reports in good faith:

B. University Policies and Procedures

  • University Policy on Prohibited Conduct under Title IX
  • University Nondiscrimination Statement
  • University Use of University Space and Facility Use Agreement (FUA)
  • University Workplace Violence Prevention and Response

C. Resources

  • National Anti-Hazing Hotline 888.NOT.HAZE (888.668.4293) 24-7. 
  • HazingPreventionNetwork.Org
  • StopHazing.Org
  • InsideHazing.Com
  • Gordie Center for Hazing Prevention

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