Request #19-218
  Closed

Hello,

 

Please consider this a public records request for records of the "final results" of all disciplinary hearings conducted by your institution into any student since January 1, 2014, in which it was determined that the student is either "an alleged perpetrator of a crime of violence," including forcible sex offenses, or "an alleged perpetrator of a nonforcible sex offense," and with respect to the allegation made against him or her, the student has committed a violation of your institution's rules or policies. The "final results" should include only:

        - The name of the student
        - The violation committed, meaning the institutional rules or code sections that were violated and any essential findings supporting the institution's conclusion that the violation was committed; and
        - Any sanction imposed by your institution against the student, meaning a description of the disciplinary action taken by the institution, the date of its imposition, and its duration.

As you are likely already aware, U.S. Department of Education regulations allow postsecondary educational institutions that receive federal funding to disclose the final results of disciplinary proceedings to any third party without the student’s consent so long as:

        - The student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and
        - With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies.

See 34 CFR §§ 99.31(a)(14). 

Guidance issued by the U.S. Department of Education confirms your institution is permitted to disclose this information.

        "An institution may disclose to anyone — not just the victim — the final results of a disciplinary proceeding, if it determines that the student is an alleged perpetrator of a crime of violence or non-forcible sex offense, and with respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies." 

For more information, see https://www2.ed.gov/policy/gen/guid/fpco/brochures/postsec.html

Pursuant to 34 CFR §§ 99.31(a)(14), the following definitions apply to this request:

- "'Alleged perpetrator of a crime of violence' is a student who is alleged to have committed acts that would, if proven, constitute any of the following offenses or attempts to commit the following offenses," which are defined in 34 CFR Part 99:

        1. Arson
        2. Assault offenses (NOTE: By definition there can be no "attempted" assaults, only "completed" assaults.)
                i. Aggravated assault
                ii. Simple assault
                iii. Intimidation (NOTE: This offense includes stalking.)
        3. Burglary
        4. Criminal homicide-manslaughter by negligence
        5. Criminal homicide-murder and nonnegligent manslaughter
        6. Destruction/damage/vandalism of property
        7. Kidnapping/abduction (NOTE: Kidnapping/Abduction includes hostage taking.)
        8. Robbery
        9. Sex offenses, forcible
                i. Forcible rape
                ii. Forcible sodomy
                iii. Sexual assault with an object (NOTE: An "object" or "instrument" is anything used by the offender other than the offender's genitalia. Examples are a finger, bottle, handgun, stick, etc.)
                iv. Forcible fondling   (NOTE: Forcible Fondling includes "Indecent Liberties" and "Child Molesting.")

        (Authority: 20 U.S.C. 1232g(b)(6) and 18 U.S.C. 16)

- "'Alleged perpetrator of a nonforcible sex offense' means a student who is alleged to have committed acts that, if proven, would constitute statutory rape or incest," as defined in appendix A to 34 CFR Part 99:

        1. Sex offenses, nonforcible (except "prositution offenses")
                i. Incest
                ii. Statutory rape

        (Authority: 20 U.S.C. 1232g(b)(6) and 18 U.S.C. 16)

- "'Final results' means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the institution. The disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the institution against the student."

- "'Sanction imposed' means a description of the disciplinary action taken by the institution, the date of its imposition, and its duration."

- "'Violation committed' means the institutional rules or code sections that were violated and any essential findings supporting the institution's conclusion that the violation was committed."

See 34 CFR Part 99 and https://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf for more information on these definitions.

I prefer these records be provided in electronic form. Please don't hesitate to reach out if you have any questions.


Received

April 30, 2019 via web


Departments

None Assigned


Requester

KENNY JACOBY

Documents

Public

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Staff

Point of Contact

Public Records Office

Request Closed   Hide Public

The information that follows is being provided to you in accordance with the North Carolina Public Records Act.  There are no existing or responsive University records subject to disclosure under the North Carolina Public Records Act. This request has been fully processed and is closed.

Sincerely,

 

The Public Records Office

The University of North Carolina at Chapel Hill

May 7, 2019, 11:42am
Request Published Public
May 2, 2019, 2:15pm
Request Opened Public
Request received via web
April 30, 2019, 3:08pm