Residence Status for Tuition Purposes
New Benefit for UNC Employees and Related Persons
Military Tuition Benefit
North Carolina Teachers Tuition Benefit
Tuition Waiver for Family Members of Deceased or Disabled Emergency Workers
Proration of Tuition
Students' Education Records at the Office of the President, The University of North Carolina:
Annual Notification of Rights
Family Educational Rights and Privacy Act
Emergency Disciplinary Action
Expulsion
Fireworks, Firearms, and Other Weapons
Immunization Requirement
Policy on Illegal Drugs
Alcoholic Beverages
Equity in Athletics Disclosure Act
Student Right-to-Know Act
UNC Campus Scholarships Programs -- Undergraduates (effective July 1, 2003)
UNC Campus Scholarships Programs -- Doctoral and Law
The information in this section comes from three sources: (1) North Carolina General Statutes, Sect. 116-143.1, (2) A Manual to Assist the Public Higher Education Institutions of North Carolina in the Matter of Student Residence Classification for Tuition Purposes revised September 1985, (3) Chancellor’s Rules and Procedures for Residence Classification of Students for Tuition Purposes.
The following sections summarize important aspects of the residency law. A complete explanation of the statute and the procedures under the statute is contained in A Manual to Assist the Public Higher Education Institutions of North Carolina in the Matter of Student Residence Classification for Tuition Purposes (hereafter referred to as “the manual”). This manual and other information concerning the application of this law are available for inspection in the Admissions Offices of the University. Copies of the manual are also on reserve at the Robert B. House Undergraduate Library and in the Reserve Reading Room of the Health Sciences Library. All students are responsible for knowing the contents of the statute and the manual. The manual is also available online at regweb.unc.edu/residency. It is a reader friendly version, written for laypeople rather than for legal personnel.
Every applicant for admission is required to make a statement of his or her length of residence in North Carolina. A person who qualifies as a resident for tuition purposes under North Carolina law pays a lower rate of tuition than a nonresident. To qualify for in-state tuition, a legal resident must have been domiciled in North Carolina for at least twelve months immediately prior to the beginning of the term for which classification as a resident for tuition purposes is sought. The student must also establish that his or her presence in the state during such twelve-month period was for purposes of maintaining a bona fide domicile rather than for purposes of maintaining a mere temporary residence incident to enrollment in an institution of higher education. Domicile means one’s permanent home of indefinite duration, as distinguished from a temporary place of abode. Domicile is synonymous with legal residence and is established by being physically present in a place with the concurrent intent to make that place a domicile. To determine intent, the University evaluates an individual’s objectively verifiable conduct as an indicator of his or her state of mind.
General. A student admitted to initial enrollment in an institution (or permitted to reenroll following an absence that involved a formal withdrawal from enrollment) is classified by the admitting institution either as a resident or as a nonresident for tuition purposes prior to actual matriculation. In the absence of a current and final determination of the student’s residence prior to matriculation, the student is classified as a nonresident for tuition purposes. The institution will thereafter reach a final determination of the student’s residence status. Unless a person supplies enough information to allow the admissions officer to classify him or her as a resident for tuition purposes, the person will be classified a nonresident for tuition purposes. A residence classification once assigned (and confirmed pursuant to any appellate process invoked) may be changed thereafter (with a corresponding change in billing rates) only at intervals corresponding with the established primary divisions of the academic calendar.
Transfer Students. When a student transfers from one North Carolina public institution of higher education to another, he or she is required to be treated as a new student by the institution to which he or she is transferring and must be assigned an initial residence classification for tuition purposes. The residence classification of a student by one institution is not binding on another institution. The North Carolina institutions of higher education will assist each other by supplying residency information and classification records concerning a student to another classifying institution upon request. A student or prospective student, who wants the University to consider his or her “resident” classification by another North Carolina public higher education institution, must include, with his or her application for resident status, copies of all the information that was before the other institution at the time that institution classified the student a resident for tuition purposes.
The transfer into or admission to a different component of the same institution (e.g., from an undergraduate to a graduate or professional program) is not construed as a transfer from one institution to another and thus does not by itself require a reclassification inquiry unless (1) the affected student requests a reclassification inquiry or (2) the transfer or enrollment occurs following the lapse of more than one quarter, semester, or term during which the individual was not enrolled as a student.
Responsibility of Students. Any student who is uncertain about the accuracy of his or her current residence classification for tuition purposes is responsible for securing a ruling by completing an application for resident status and filing it with the admissions officer. The student who subsequently becomes eligible for a change in classification, whether from out-of-state to in-state or the reverse, is responsible for immediately informing the Office of Admissions in writing of his or her new status. Failure to give complete and correct information regarding residence constitutes grounds for disciplinary action.
Application Process. A person may obtain an application for resident status by visiting his or her admissions office or by going online to regweb.unc.edu and clicking on “residency.” Also available on the web site is the resident status Manual which sets forth the requirements of the statute. Applicants for admission who claim eligibility for the in-state tuition rate customarily complete a two-page residency application as a part of the admissions application packet. If a person has not been living in North Carolina for at least three consecutive years, he or she would complete the four-page “long form.” Even if a person completes the two-page residency application, some applicants for admission will thereafter be required to complete a more detailed four-page residency application. Enrolled students seeking a change from nonresident to resident status are required to complete a four-page residency application. All applications for resident status must be filed with the proper admissions office before the end of the term for which resident status for tuition purposes is sought. The last day of the final examination period is considered the last day of the term.
After filing a resident status application, a person may receive a letter from his or her admissions office requesting more information in connection with that application. When a student receives such a request before the end of the term for which classification is sought, he or she must respond to that request no later than three weeks after the end of the term. If the student receives the request for supplemental information after the end of the term in question, he or she must supply the requested information within three weeks after receipt of the request. Failure to supply the requested information within the specified time limit will result in a continuation of the student’s nonresident classification unless good cause is shown for such failure.
The admissions office may require an applicant for admission to file a residency application or respond to a request for more information more quickly when residence status is a factor in the admissions decision.
For more details about the residency application process and other important information about the resident status for tuition purposes statute, visit the Web site regweb.unc.edu and click on “residency.”
Fraudulent Applications. If a student is classified a resident for tuition purposes after submitting falsified residency information or after knowingly withholding residency information, the student’s application for in-state tuition status is fraudulent. The institution may reexamine any application suspected of being fraudulent and, if warranted, will change the student’s residence status retroactively to the beginning of the term for which the student originally made the fraudulent application. If this occurs, the student must pay the out-of-state tuition differential for all the enrolled terms intervening between the fraudulent application and its discovery. Further, knowing falsification of responses on a resident status application may subject the applicant to disciplinary action, including dismissal from the institution.
Burden of Proof and Statutory Prima Facie Evidence. A person has the burden of establishing facts that justify his or her classification as a resident for tuition purposes. The balancing of all the evidence must produce a preponderance of evidence supporting the assertion of in-state residence. Under the statute, proof of resident status is controlled initially by one of two evidentiary beginning points which are stated in terms of prima facie evidence.
a. Even if the person is an adult, if his or her parents (or court-appointed guardian in the case of some minors) are not legal residents of North Carolina, this is prima facie evidence that the person is not a legal resident of North Carolina unless he or she has lived in this state the five consecutive years prior to enrolling or reregistering. To overcome this prima facie showing of nonresident, a person must produce evidence that he or she is a North Carolina domiciliary despite the parents’ nonresident status.
b. Conversely, if the person’s parents are domiciliaries of North Carolina under the Statute, this fact constitutes prima facie evidence that the person is a domiciliary of North Carolina. This prima facie showing may also be overcome by other evidence to the contrary. If a person has neither living parents nor legal guardian, the prescribed prima facie evidence rule cannot and does not apply.
Erroneous Notices Concerning Classification. If a student who has been found to be a nonresident for tuition purposes receives an erroneous written notice from an institutional officer identifying the student as a resident for tuition purposes, the student is not responsible for paying the out-of-state tuition differential for any enrolled term beginning before the classifying institution notifies the student that the prior notice was erroneous.
If a student has been properly classified as a North Carolina resident for tuition purposes and, thereafter, his or her state of legal residence changes while he or she is enrolled in a North Carolina public institution of higher education, the statute provides for a grace period during which the student is allowed to pay tuition at the in-state rate despite the fact that the student is no longer a North Carolina legal resident. This grace period extends for a minimum of twelve months from the date of change in legal residence, and if the twelve-month period ends during a semester or academic term in which the student is enrolled, the grace period extends also to the end of that semester or academic term.
Reacquisition of Resident Tuition Status. The prescribed twelve-month period of legal residence may be shortened if the person seeking to be classified as a resident for tuition purposes was formerly classified a North Carolina resident for tuition purposes, abandoned North Carolina domicile, and reestablished North Carolina domicile within twelve months after abandoning it. Interested persons should consult their admissions offices for a detailed explanation of the conditions which must be met to qualify under this section.
Appeals. A student appeal of a classification decision made by any admissions officer must be in writing and signed by the student and must be filed by the student with that officer within fifteen working days after the student receives notice of the classification decision. The appeal is transmitted to the Residence Status Committee by that officer, who does not vote in that committee on the disposition of such appeal. The student is notified of the date set for consideration of the appeal, and on request of the student, he or she is afforded the opportunity to appear and be heard by the committee. Any student desiring to appeal a decision of the Residence Status Committee must give notice in writing of that fact (within ten days of receipt of the committee’s decision) to the chairman of the Residence Status Committee, and the chairman promptly processes the appeal for transmittal to the State Residence Committee.
Tuition Payment. It is the responsibility of the student to pay tuition at the rate charged and billed while an appeal is pending. In effect, the student who is classified a nonresident at the time of tuition billing pays the nonresident rate. Conversely, if a student is classified as a resident at the time of billing, he or she pays the resident rate. Any necessary adjustments in the rate paid will be made at the conclusion of the appeal.
Aliens. Aliens who are permanent residents of the United States, or who hold a visa that will permit eventual permanent residence in the United States, are subject to the same considerations with respect to determination of legal residence as citizens. An alien abiding in the United States under a visa conditioned at least in part upon intent not to abandon a foreign domicile (e.g. B, F, J, P, Q, and S visas) cannot be classified a resident. An alien abiding in the United States under a visa issued for a purpose that is so restricted as to be fundamentally incompatible with an assertion by the alien of bona fide intent to establish a legal residence (e.g., C, D, and M visas) cannot be classified a resident.
Possession of certain other immigration documents may also allow an alien to be considered for in-state tuition status. For more details, aliens should consult their admissions offices and the manual. Aliens must file a Residence Status Supplemental Form in addition to the forms normally required of applicants for resident status for tuition purposes. Aliens should also provide a copy of the front and back of the document(s) that they claim allow them to remain in the United States and establish a legal residence. More information concerning alien resident status for tuition purposes information and supplemental applications may be found online at regweb.unc.edu (click on “residency”).
Married Persons. The North Carolina resident status for tuition purposes statute provides a special provision for legal residents who are married. This provision is called the “spouse-pair” provision.
The domicile of a married person, irrespective of sex, is determined by reference to all relevant evidence of domiciliary intent. No person is precluded, solely by reason of marriage to a person domiciled outside of North Carolina, from establishing or maintaining legal residence in North Carolina. No person is deemed, solely by reason of marriage to a person domiciled in North Carolina, to have established or maintained a legal residence in North Carolina. The fact of marriage and the place of the domicile of the student’s spouse are deemed relevant evidence to be considered in ascertaining domiciliary intent.
If a person otherwise can demonstrate compliance with the fundamental statutory requirement that he or she be a legal resident of North Carolina before the beginning of the term for which resident status is sought, the second statutory requirement relating to duration of residence may be satisfied derivatively, in less than twelve months, by reference to the length of the legal residence of the person’s spouse, if the spouse has been a legal resident of the state for the requisite twelve-month period.
Please note: If a person feels he or she qualifies for the marital status provision, special application procedures must be followed. A separate supplemental spousal residency application should be filed at the same time as either the short or long residency form is submitted. The spousal residency application may be filed after an admissions office’s initial decision if the student seeks to appeal that decision. The admission office residency decision letter provides instructions on where to file the appeal (with or without a spousal residency application). Residency applications of persons who are married and claiming the North Carolina “spouse-pair” provision are not to be submitted to the admissions office. They should be filed to the Residence Status Committee Office/Married Student Residency Classification Office located in the University Registrar’s Office on campus. Applications are available online at regweb.unc.edu/residency.
Military Personnel. The domicile of a person employed by the federal government, Department of Defense, is not necessarily affected by assignment in or reassignment out of North Carolina. Such a person may establish domicile by the usual requirements of residential act plus intent. No person loses his or her in-state resident status solely by serving in the armed forces outside of the state of North Carolina. See the section entitled Military Tuition Benefit for other benefits provided to military personnel and their dependents.
Minors. A minor is any person who has not reached the age of eighteen years. Under the common law, a minor child whose parents are not divorced or legally separated is presumed to have the domicile of his or her father. This presumption may be rebutted if a preponderance of the evidence indicates that the mother and father have separate domiciles and that, under the circumstances, the child can fairly be said to derive his or her domicile from the mother. If the father is deceased, the domicile of the minor is that of the surviving mother. If the parents are divorced or legally separated, the domicile of the minor is that of the parent having custody by virtue of a court order; or, if no custody has been granted by virtue of court order, the domicile of the minor is that of the parent with whom he or she lives; or, if the minor lives with neither parent, in the absence of a custody award, the domicile of the minor is presumed to remain that of the father. If the minor lives for part of the year with each parent, in the absence of a custody award, the minor’s domicile is presumed to remain that of the father. If the minor has lived in North Carolina for five years as set forth above in Burden of Proof and Statutory Prima Facie Evidence, subsection a, the common law presumptions do not absolutely control on the issue of the minor’s domicile, but they continue to be very strong evidence thereof.
In determining residence status for tuition purposes, there are three exceptions to the above provisions:
If immediately prior to his or her eighteenth birthday a person would have been deemed a North Carolina legal resident under this provision but he or she achieves majority before enrolling in a North Carolina institution of higher education, that person will not lose the benefit of this provision if the following conditions are met:
a. Upon achieving majority the person must act, as much as possible, in a manner consistent with bona fide legal residence in North Carolina; and
b. The person must begin enrollment at a North Carolina institution of higher education not later than the fall academic term next following completion of education prerequisite to admission at the institution.
Prisoners. There are special provisions concerning domicile of prisoners. For more information, persons to whom these provisions may apply should consult the manual.
Property and Taxes. Ownership of property in or payment of taxes to the State of North Carolina apart from legal residence will not qualify one for the in-state tuition rate.
Students or prospective students who believe that they are entitled to be classified residents for tuition purposes should be aware that the processing of requests and appeals can take a considerable amount of time. A student is more likely to obtain a final decision on an application before tuition payment is due if he or she files the application several months in advance.
A new subsection (m) has been added to the NC residency statute G.S. 116-143.1 that provides a new employment-connected benefit.
In the new subsection, full-time employees of UNC who are legal residents of North Carolina qualify for the in-state tuition rate even if they do not meet the 12-month requirement.
Further, this new classification category includes spouses and dependent children of the employee. The employee must be full-time and a legal resident of North Carolina. Further, if it is a child who seeks to qualify, the child must be a dependent (as defined by tax dependency laws). Finally, if the person qualifies for this benefit, there is no limit on the number or type of courses for which the classification will apply. The effective date of this provision was July 1, 2005.
Please visit regweb.unc.edu/residency to learn more about residence status for tuition purposes.
The information in this section comes from three sources: (1) North Carolina General Statutes, Sect. 116-143.3 (b), as amended Fall 04, (2) A Manual to Assist the Public Higher Education Institutions of North Carolina in the Matter of Student Residence Classification for Tuition Purposes, revised September 1985, (3) Chancellor’s Rules and Procedures for Residence Classification of Students for Tuition Purposes and Determination of Eligibility for the Special Military Tuition Benefit. Please refer to the Web site at regweb.unc.edu/residency for the most recent amendments to the Military Tuition Benefit Law.
Certain members of the Armed Services and their dependent relatives who are not residents for tuition purposes may become eligible to be charged less than the out-of-state tuition rate under N.C. Gen. Stat. Sect. 116-143.3, the military tuition benefit provision. Any person seeking the military tuition benefit must qualify for admission to UNC-Chapel Hill and must file an application for the benefit with his or her admissions office before the first day of classes of the term for which he or she initially seeks the benefit. To remain eligible to receive the military tuition benefit, he or she must file another application for the benefit before the first day of classes of the first term in which he or she is enrolled in each academic year. The burden of proving eligibility for the military tuition benefit lies with the applicant for the benefit, and the application and all required supporting affidavits must be complete and in proper order before the first day of classes of the term in question. Because of the time involved in securing the necessary affidavits from the appropriate military authorities, prospective applicants for the military tuition benefit are urged to secure application forms from their admissions offices and begin the application process several weeks before the first day of classes of the term for which they seek the benefit.
Eligibility of Members of the Armed Services. To be eligible for this military tuition benefit, the individual must be on active duty and a member of the United States Air Force, Army, Coast Guard, Marine Corps, Navy, North Carolina National Guard, or a reserve component of one of these services; and if he or she has military dependents that may be eligible for the military tuition benefit, then he or she must be abiding in North Carolina on permanent change of duty status.
Eligibility of Dependent Relatives of Service Members. If the service member meets the conditions set forth above, his or her dependent relatives may be eligible to pay the in-state tuition rate if they share the service member’s North Carolina abode, if they have complied with the requirements of the Selective Service System (if applicable), and if they qualify as military dependents of the service member.
Please note: There are special exceptions to military personnel and their dependents if the military person is reassigned outside of North Carolina or retires in North Carolina. Please visit regweb.unc.edu/residency to see the most updated requirements to maintain military tuition benefit eligibility (for both active duty military/National Guard, and their dependents).
For a detailed explanation of the military tuition benefit provision, a complete list of categories of persons who are considered “dependent relatives” for purposes of establishing eligibility for the military tuition benefit, and information about the registration requirements of the Selective Service System, applicants should consult ;A Manual to Assist the Public Higher Education Institutions of North Carolina in the Matter of Student Residence Classification for Tuition Purposes (as amended September 1985). This manual is available for inspection in the Admissions Offices of the University. Copies of the manual are also on reserve at the Robert B. House Undergraduate Library, in the Reserve Reading Room of the Health Sciences Library, and online at regweb.unc.edu/residency (click on “residency manual”).
Appeals of Eligibility Determinations of Admissions Officers. A student appeal of an eligibility determination made by any admissions officer must be in writing and signed by the student and must be filed by the student with that officer within fifteen working days after the student receives notice of the eligibility determination. The appeal is transmitted to the Residence Status Committee by that officer, who does not vote in that committee on the disposition of such appeal. The student is notified of the date set for consideration of the appeal, and, on request by the student, is afforded an opportunity to appear and be heard by the committee.
Any student desiring to appeal a determination of the Residence Status Committee must give notice in writing of that fact to the chairman of the Residence Status Committee within ten days of receipt of the committee’s decision. The chairman will promptly process the appeal for transmittal to the State Residence Committee.
The information in this section comes from two sources: (1) North Carolina General Statutes Section 116-143.5, and (2) University of North Carolina Administrative Memorandum No. 375 dated October 22, 1997.
Certain North Carolina teachers may become eligible to be charged the in-state tuition rate even if they do not qualify as residents for tuition purposes under G.S. 116-143.1. These applicants may receive the benefit for courses “relevant to teacher certification or to professional development as a teacher” if approved by the principal of the applicant’s school.
To qualify, an applicant must be a teacher or other person paid on the North Carolina teacher salary schedule incident to full-time employment by a North Carolina public school. “Full-time employment” means the employee’s duties qualify him/her for membership in the Teacher’s and State Employees’ Retirement System or would so qualify the employee if he/she were employed on a permanent basis. Applicants must qualify academically for admission to any school of UNC-Chapel Hill.
Additionally, to be eligible, he or she must be a North Carolina legal resident (domiciliary) and must have established North Carolina domicile before the commencement of the approved course(s). However, he or she does not have to have been a legal resident for twelve months.
To apply for the benefit, applicants must submit the following documents to the proper admissions office no later than the first day of classes of the term for which this benefit is sought:
For a detailed explanation of the teachers tuition benefit law and to acquire application forms, applicants should contact the appropriate admissions office. Information concerning the application of this law is on reserve at the Undergraduate Library and Health Sciences Library. It is also available at all admissions offices, at the Residence Status Committee office, and online at regweb.unc.edu/residency.
Appeals of Eligibility Determinations of Admissions Offices must be in writing and signed by the applicant and must be filed by the applicant with that admissions officer within fifteen working days after the applicant receives notice of the eligibility determination. The appeal is submitted to the Residence Status Committee by that officer, who does not vote in that committee on the disposition of such appeal. The applicant is notified of the date set for consideration of the appeal, and, on request by the applicant, is afforded an opportunity to appear and be heard by the committee.
Any applicant desiring to appeal a determination of the Residence Status Committee must give written notice of that fact to the chairman of the Residence Status Committee within ten days of receipt of the committee’s decision. The chairman will promptly process the appeal for transmittal to the State Residence Committee.
The information in this section comes from three sources: (1) North Carolina General Statutes Section 115B-1 et seq., (2) University of North Carolina Administrative Memorandum No. 377 dated November 17, 1997, and (3) University of North Carolina Administrative Memorandum No. 385 dated August 6, 1998.
Certain family members of emergency workers killed or permanently disabled in the line of duty may become eligible for tuition-free enrollment.
The statute sets out the following requirements that must be met before the waiver can be obtained:
The following documents are required as proof of eligibility for this tuition waiver:
To prove permanent and total disability of an emergency worker: Documentation of the permanent and total disability from the North Carolina Industrial Commission
To prove cause of death of an emergency worker: Certification of the cause of death from
To prove the parent/child relationship: applicant’s birth certificate or legal adoption papers
To prove the marital relationship: applicant’s marriage certificate
Copies of the applicable law and implementing University regulations are on reserve in the Undergraduate Library and the Health Sciences Library. They are also available for inspection upon request in all UNC-Chapel Hill admissions offices and the Residence Status Committee Office. Applications can be acquired at the proper admissions office. More detailed information may be found online at regweb.unc.edu/residency.
Appeals of Eligibility Determinations of Admissions Offices must be in writing and signed by the applicant and must be filed by the applicant with that admissions officer within fifteen working days after the applicant receives notice of the eligibility determination. The appeal is submitted to the Residence Status Committee by that officer, who does not vote in that committee on the disposition of such appeal. The applicant is notified of the date set for consideration of the appeal, and, on request by the applicant, is afforded an opportunity to appear and be heard by the committee.
Any applicant desiring to appeal a determination of the Residence Status Committee must give written notice of that fact to the chairman of the Residence Status Committee within ten days of receipt of the committee’s decision. The chairman will promptly process the appeal for transmittal to the State Residence Committee.
If a student withdraws from the University during a fall or spring semester, tuition and fees will be prorated over a period of nine weeks at a rate of approximately one-tenth of the term’s bill each week. If a student withdraws during a summer session, tuition and fees will be prorated over a period of three weeks at a rate of one-fourth of the term’s bill each week. If a student drops the only course he or she is taking, this constitutes a withdrawal from the University.
Certain personally identifiable information about students (“education records”) may be maintained at the University of North Carolina Office of the President, which serves the Board of Governors of the University system. This student information may be the same as, or derivative of, information maintained by a constituent institution of the University; or it may be additional information. Whatever their origins, education records maintained at the Office of the President are subject to the federal Family Educational Rights and Privacy Act of 1974 (FERPA).
FERPA provides that a student may inspect his or her education records. If the student finds the records to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights, the student may request amendment to the record. FERPA also provides that a student’s personally identifiable information may not be released to someone else unless (1) the student has given a proper consent for disclosure or (2) provisions of FERPA or federal regulations issued pursuant to FERPA permit the information to be released without the student’s consent.
A student may file with the United States Department of Education a complaint concerning failure of the Office of the President or an institution to comply with FERPA.
The policies of the University of North Carolina Office of the President concerning FERPA may be inspected in the office at each constituent institution designated to maintain the FERPA policies of the institution. Policies of the Office of the President may also be accessed in the Office of the Secretary of the University of North Carolina, 910 Raleigh Road, Chapel Hill, NC.
Further details about FERPA and FERPA procedures at the Office of the President are to be found in the referenced policies. Questions about the policies may be directed to Legal Section, Office of the President, The University of North Carolina, Annex Building, 910 Raleigh Road, Chapel Hill, NC (mailing address P.O. Box 2688, Chapel Hill, NC 27515-2688; tel: [919] 962-4588).
As a general rule, under the federal Family Educational Rights and Privacy Act (FERPA), personally identifiable information may not be released from a student’s education records without his or her prior written consent. Exceptions to this rule are set out in the FERPA regulations and the FERPA policy of the University of North Carolina at Chapel Hill. A few of the exceptions are listed below; others may be found in the University’s FERPA policy and accompanying federal regulations.
The University will disclose personally identifiable information from a student’s education records to officials of another school or school system in which the student seeks or intends to enroll and to officials of another school or school system in which a currently-enrolled UNC-Chapel Hill student is contemporaneously enrolled.
If the University takes disciplinary action against a student for conduct that posed a significant risk to the safety or well-being of the student, other students, or members of the University community, the University may disclose information about that disciplinary action to officials of other schools who have a legitimate educational interest in the student’s behavior.
If the University, pursuant to campus disciplinary procedures, finds that a student has committed a violation of the Honor Code that constitutes a crime of violence or a nonforcible sex offense, the University will, upon request, disclose the name of the student, the violation committed, and any disciplinary sanction imposed on the student.
The University will release information from a student’s education records to UNC-Chapel Hill school officials (including teachers, officials and employees) who have a legitimate educational interest in the information. A school official has a “legitimate educational interest” if it is in the educational interest of the student in question for the official to have the information, or if it is necessary or desirable for the official to obtain the information in order to carry out his or her official duties or to implement the policies of the University of North Carolina.
The University makes public certain information that has been designated as “directory information” unless the student has notified the Office of the University Registrar to restrict the release of this information. The University considers the following to be “directory information”: the student’s name; address (local and grade/billing addresses); student e-mail address; telephone listing (local and grade/billing telephone numbers); date and place of birth; county, state and/or United States territory from which the student entered the University; major field of study, class (first year, senior, etc.); enrollment status (full-time, half-time, or part-time); Person ID Number (PID); anticipated graduation date; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; degrees and awards received; and the most recent previous educational agency or institution attended by the student. The University also publishes the Campus Directory annually, and some professional and graduate student groups publish directories of students in their departments or schools.
Students who wish to restrict how address information is printed in the Campus Directory, or who wish to have some or all directory information restricted, or to remove some or all student data from the Web, must either set the appropriate access online via the Web at Student Central (studentcentral.unc.edu), notify the Office of the University Registrar in writing, or go to 105 Hanes Hall to complete the appropriate form. The Office of the University Registrar will accept requests and update the student’s listing in the online Campus Directory at any time; however to affect the listing in the printed Campus Directory students must submit the request to the Office of the University Registrar by the last day to register in the fall semester. For more information consult the Office of the University Registrar.
Receipt of an approved master’s thesis or doctoral dissertation in The Graduate School is tantamount to publication, and the thesis or dissertation will be available to the public. Honors theses are also made available to the public through the University Library. Other student papers may be put in campus libraries or otherwise made public in accordance with individual course or program requirements.
The Family Educational Rights and Privacy Act also gives a student the right to inspect his or her education records and to request amendment of those records if they are inaccurate, misleading, or otherwise in violation of the student’s privacy rights. To inspect his or her education records, a student must file a written request with the individual who has custody of the records that the student wishes to inspect. To request amendment of his or her records, a student first discusses the matter informally with the records custodian, and if the custodian does not agree to amend the records, he or she will inform the student of applicable appeal rights. Students also have the right to file a complaint with the U.S. Department of Education alleging that the University has not complied with FERPA.
Questions about FERPA should be addressed to the Office of University Counsel (CB# 9105). The University’s FERPA policy and the text of the federal FERPA regulations are available on the Web at www.unc.edu/policies/ferpapol.pdf.
In order to protect University property or members of the University community or to prevent disruption of the academic process, occasionally the University must take emergency action to separate a student from the University. The Chancellor has, therefore, created the Emergency Evaluation and Action Committee. With respect to disciplinary matters, the committee acts only when no other administrative solution, including action by the Student Judicial System, is in its judgment adequate to deal effectively with the situation.
Students whose cases may require action by the committee fall into four categories:
A. Applicants for admission or readmission to the University who have been convicted of a crime involving assaultive or felonious behavior, who have a record of violent behavior, or who have a record of academic dishonesty or disciplinary rule violations elsewhere;
B. Students whose behavior, on or off campus, is such that their presence in the University, in the judgment of the committee, poses a serious threat of disruption of the academic process or a continuing danger to other members of the University community, or University property;
C. Students or applicants who have been arrested and charged with a serious crime of a violent or dangerous nature, or a serious crime that involved placing another person in fear of imminent physical injury or danger, where, in the judgment of the committee, if the students are found guilty, their presence in the University would pose a serious threat of disruption of the academic process or a continuing danger to other members of the University community, or University property;
D. Students, charged by the University with a violation of policies concerning illegal drugs, whose continued presence within the University community would, if the charges are true, constitute a clear and immediate danger to the health or welfare of other members of the University community.
E. Students whose behavior on or off campus is such that, in the judgment of the committee, they pose a danger to themselves.
Full information on the committee and its procedures is available from the Division of Student Affairs through the office of the Dean of Students. The text of the committee’s policy and procedures is on the Web at www.unc.edu/policies/tapedec98.pdf.
A student who has been expelled from an institution in the University of North Carolina system may not be admitted to another UNC-system school unless the institution that originally expelled the student rescinds that expulsion.
It is a felony, punishable by fine and/or imprisonment, to possess or carry, openly or concealed, any gun, rifle, pistol, or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on any University campus or in any University-owned or operated facility. Such conduct may also constitute a violation of the Honor Code.
It is a Class 1 misdemeanor, punishable by fine and/or imprisonment, to possess or carry any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except for personal shaving), fireworks, or any sharp-pointed or edged instrument (except instructional supplies, unaltered nail files, and clips and tools used solely for preparation of food, instruction, and maintenance) upon any University campus or in any University-owned or operated facility. Such conduct may also constitute a violation of the Honor Code.
Effective July 1, 1986, North Carolina state law requires that no person shall attend a college or university in North Carolina unless a certificate of immunization indicating that the person has received the immunizations required by the law is presented to the college or university on or before the first day of matriculation.
If the UNC-Chapel Hill Medical History Form containing the certificate of immunization is not in the possession of the UNC-Chapel Hill Student Health Service ten days prior to the registration date, the University shall present a notice of deficiency to the person. The person shall have thirty calendar days from the first day of attendance to obtain the required immunizations. Those persons who have not complied with the immunization requirements by the end of thirty calendar days will be administratively withdrawn from the University.
The Board of Trustees of the University of North Carolina at Chapel Hill, in conformity with the direction of the Board of Governors of the University of North Carolina, hereby adopts this Policy on Illegal Drugs, effective August 24, 1988. It is applicable to all students, faculty members, administrators, and other employees.
A. The University of North Carolina at Chapel Hill has established and maintains a program of education designed to help all members of the University community avoid involvement with illegal drugs. This educational program emphasizes these subjects:
B. The University of North Carolina at Chapel Hill provides information about drug counseling and rehabilitation services available to members of the University community through campus-based programs and through community-based organizations. Persons who voluntarily avail themselves of University services are hereby assured that applicable professional standards of confidentiality will be observed.
A. The University of North Carolina at Chapel Hill shall take all actions necessary, consistent with state and federal law and applicable University policy, to eliminate illegal drugs from the University community. The University’s Policy on Illegal Drugs is publicized in catalogs and other materials prepared for all enrolled and prospective students and in materials distributed to faculty members, administrators, and other employees.
B. Students, faculty members, administrators, and other employees are responsible, as citizens, for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver, or manufacture those drugs designated collectively as controlled substances in Article 5 of Chapter 90 of the North Carolina General Statutes. Any member of the University community who violates that law is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the University. It is not “double jeopardy” for both the civil authorities and the University to proceed against and punish a person for the same specified conduct. The University will initiate its own disciplinary proceeding against a student, faculty member, administrator, or other employee when the alleged conduct is deemed to affect the interests of the University.
C. Penalties will be imposed by the University in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators, and other employees, as required by Section 3 of the Trustee Policies and Regulations Governing Academic Tenure in the University of North Carolina at Chapel Hill; by Section III.D. of the Employment Policies for EPA Non-Faculty Employees of the University of North Carolina at Chapel Hill; by regulations of the State Personnel Commission, and the Disciplinary Procedure of the Staff Personnel Administration Guides (Human Resources Manual for SPA Employees), by the Instrument of Student Judicial Governance, and by all other applicable provisions of the policies and procedures of the University of North Carolina at Chapel Hill.
D. The penalties to be imposed by the University may range from written warnings with probationary status to expulsions from enrollment and discharges from employment. However, the following minimum penalties shall be imposed for the particular offenses described.
a. For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedule I, N.C. Gen, Stat. 90-89, or Schedule II, N.C. Gen. Stat. 90-90 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualine), any student shall be expelled and any faculty member, administrator or other employee shall be discharged.
b. For a first offense involving the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedules III through VI, N.C. Gen. Stat. 90-91 through 90-94, (including, but not limited to, marijuana, anabolic steroids, pentobarbital, codeine), the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. (Employees subject to the State Personnel Act are governed by regulations of the State Personnel Commission. Because the minimum penalty specified in this Section and required by the Board of Governors exceeds the maximum period of suspension without pay that is permitted by State Personnel Commission regulations, the penalty for a first offense for employees subject to the State Personnel Act is discharge.) For a second offense, any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.
a. For a first offense involving the illegal possession of any controlled substance identified in Schedule I, N.C. Gen. Stat. 90-89, or Schedule II, N.C. Gen. Stat. 90-90, the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. (Employees subject to the State Personnel Act are governed by regulations of the State Personnel Commission. Because the minimum penalty specified in this Section and required by the Board of Governors exceeds the maximum period of suspension without pay that is permitted by State Personnel Commission regulations, the penalty for a first offense for employees subject to the State Personnel Act is discharge.)
b. For a first offense involving the illegal possession of any controlled substance identified in Schedules III through VI, N.C. Gen. Stat. 90-91 through 90-94, the minimum penalty shall be probation, for a period to be determined on a case-by-case basis. A person on probation must agree to participate in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor’s designee deems appropriate. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation. (If this balance for an employee subject to the State Personnel Act exceeds one week, that employee shall be discharged.)
c. For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members, administrators, or other employees.
E. Suspension Pending Final Disposition
When a student, faculty member, administrator, or other employee has been charged by the University with a violation of policies concerning illegal drugs, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor, or in the Chancellor’s absence, the Chancellor’s designee concludes that the person’s continued presence within the University Community would constitute a clear and immediate danger to the health or welfare of other members of the University community; provided, that if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.
Annually, the Chancellor shall submit to the Board of Trustees a report on campus activities related to illegal drugs for the preceding year. The reports shall include, as a minimum, the following:
(1) a listing of the major educational activities conducted during the year;
(2) a report on any illegal drug-related incidents, including any sanctions imposed;
(3) an assessment by the Chancellor of the effectiveness of the campus program; and
(4) any proposed changes in the Policy on Illegal Drugs.
A copy of the report shall be provided to the President, who shall confer with the Chancellor about the effectiveness of campus programs.
Possession and use of alcoholic beverages is substantially regulated by federal, state, and local laws and ordinances. Within this legal framework, the University’s Policy on Student Possession and Consumption of Alcoholic Beverages in Facilities of the University of North Carolina at Chapel Hill sets out the conditions under which alcoholic beverages may be used on University property.
According to North Carolina law:
A. Generally persons twenty-one or older may purchase or consume alcoholic beverages and may possess alcoholic beverages at their homes or temporary residences.
B. It is against the law for any person under twenty-one to purchase or possess any alcoholic beverage.
C. It is against the law for anyone to sell or give any alcoholic beverage to a person under twenty-one or to aid or abet such a person in selling, purchasing, or possessing any alcoholic beverage.
D. No alcoholic beverages may be sold by any person, organization, or corporation on a college campus except by a hotel or nonprofit alumni organization with a mixed beverages or special occasion permit or by a performing arts center with permits for malt beverages and unfortified wine. Both direct and indirect sales are unlawful.
According to Chapel Hill ordinance, it is against the law for anyone to possess any open alcoholic beverage on streets, sidewalks, alleys, or any other property owned or controlled by the Town of Chapel Hill.
In addition to following the law, the University’s Policy on Student Possession and Consumption of Alcoholic Beverages in Facilities of the University of North Carolina at Chapel Hill sets out special rules about alcohol for students and student organizations. The Office of the Dean of Students will provide copies of the policy and assistance in understanding its full implications. The text of the policy can be accessed on the World Wide Web at the following address: www.unc.edu/campus/policies/studentalcohol.html.
Under the policy:
A. Alcohol may not be served or consumed in any University building or open space except as provided in the University’s Guidelines for Serving Alcohol at University-Sponsored Events.
B. Alcohol may not be possessed or consumed at any campus athletic event or at any performance on campus, and alcohol may not be consumed at any outdoor campus location.
C. Common source containers of alcohol (e.g., kegs) are not permitted on campus.
D. Students and their guests aged twenty-one and older may possess and consume alcoholic beverages in individual campus residence hall rooms or apartments on campus, but not in the common areas of a campus residence hall.
E. No Student Activity Fees or other University-collected fees may be used to purchase alcohol.
F. No other funds of an officially recognized student group deposited or administered through the Student Activities Fund Office may be used to purchase alcohol.
G. Student groups are not prohibited from having events off campus at which individual group members aged twenty-one or older bring or buy their own alcoholic beverages.
Students who violate the policy face mandatory alcohol education, housing sanctions (for violations arising in University Housing), and sanctions including written reprimand, restitution, counseling/referral, and/or educational/community service activities. Student groups who violate the policy face sanctions of written reprimand, restitution, mandatory educational programs or community service, and/or loss of University recognition. Behavior that violates the Code of Student Conduct, state or federal laws may also be referred to the Student Judicial System, the Emergency Evaluation and Action Committee, and/or state and federal authorities.
Information compiled under the federal Equity in Athletics Disclosure Act is available on request from the Office of the Director of Athletics.
Pursuant to the federal Student Right-to-Know Act, we report that, in 2004-2005, the completion or graduation rate for undergraduates who entered the University of North Carolina at Chapel Hill in 1999 on a full-time basis was 83.8 percent.
The University of North Carolina offers a two-part scholarship program to promote educational access and diversity.
Part I provides need-based scholarships for undergraduate students with exceptional financial need whose enrollment contributes to the intellectual experiences and diversity of the undergraduate population. Students must be residents of North Carolina who are enrolled in full-time degree credit course work.
Part II provides need-based scholarship for undergraduate Native American students. To be eligible for these funds, students must be residents of North Carolina and must be Native American, defined as an individual who maintains cultural and political identification as a Native American through membership in an Indian Tribe recognized by the State of North Carolina or by the United States.
The University of North Carolina seeks to enhance access to and diversity within the graduate programs and law program at the University of North Carolina at Chapel Hill. Stipends are available for the traditional academic year (9 months), with an option of additional support for study in the summer session. Recipients must be residents of North Carolina and full-time students pursuing doctoral degrees or law degrees at the University of North Carolina at Chapel Hill.