Regulations

Graduate Credit Earned before the AB Degree Is Granted. Ordinarily no credit will be allowed for graduate courses taken before a student has been awarded the AB or BS degree. However, an undergraduate student at Duke University, who at the beginning of the final semester lacks no more than three courses in order to fulfill the requirements of the bachelor's degree, may apply for admission to the Graduate School for that final semester. If the student meets the requirements for admission, permission may be obtained from the dean of the Graduate School to enroll for graduate courses to bring the total program to no more than four courses. In addition to undergraduate registration, the student must register in and pay tuition for those courses to the Graduate School at the beginning of the semester in which graduate credit is to be earned in order for the courses to be credited toward a graduate degree program.

Transfer of Graduate Credits. For master's programs, the transfer of graduate credit does not reduce the required minimum registration of 30 units for a master's degree at Duke. For PhD students, one semester of full-time tuition credit may be given if the student has completed a relevant graduate degree at another institution. No credit will be given to those students who wish to receive a master's degree en route to the PhD. Financial credit for the above programs will be given only after the student has completed one full-time semester in a degree-granting graduate program. (For PhD students, departments are free to consider previous course work in determining further course requirements for the student-academic credit is distinct from financial credit or registration requirements for the degree.)

Grades. Beginning with the fall 2004 semester, grades in the Graduate School are as follows: A,B,C, F, and I. I (incomplete) indicates that some portion of the student's work is lacking, for an acceptable reason, at the time the grades are reported. For students enrolled in the Graduate School, the instructor who gives an I for a course specifies the date by which the student must make up the deficiency. If a course is not completed within one calendar year from the date the course ended, the grade of I becomes permanent and may not be removed from the student's record. The grade of Z indicates satisfactory progress at the end of the first semester of a two-semester course. For non-degree graduate students enrolled in the summer session, a temporary I for a course may be assigned after the student has submitted a written request. If the request is approved by the instructor of the course, then the student must satisfactorily complete the work prior to the last day of classes of the subsequent summer term. A grade of F in a major course normally occasions withdrawal from a degree program not later than the end of the ensuing semester or term; a grade of F in any other course occasions at least academic probation.

In order to be certified as making satisfactory progress towards the degree, graduate students must maintain at least a 3.0 (B) cumulative grade point average. Students falling below this average jeopardize not only their financial support, but their continuation in the graduate program.

Reciprocal or Interinstitutional Agreements with Neighboring Universities. Under a plan of cooperation between Duke University and the University of North Carolina at Chapel Hill, North Carolina Central University in Durham, and North Carolina State University at Raleigh, full-time students properly enrolled in the Graduate School of Duke University during the regular academic year, and paying full tuition to this institution, may be admitted to a maximum of two courses per semester at one of the other institutions in the cooperative plan. Under the same arrangement, students in the graduate schools in the neighboring institutions may be admitted to course work at Duke University. Credit so earned is not defined as transfer credit. To take advantage of this arrangement during either summer session term, the student registers for 3 units of credit at the home institution and 3 units of credit at the other institution, for a total of 6 units. All interinstitutional registrations involving extra-fee courses or special fees required of all students will be made at the expense of the student and will not be considered a part of the Duke University tuition coverage. This reciprocal agreement does not apply to contract programs such as the American Dance Festival.

Identification Cards. Graduate students are issued identification cards that they should carry at all times. The card is a means of identification for library privileges, athletic events, and other university functions or services open to university students. Students will be expected to present their cards on request to any university official or employee. The card is not transferable, and fraudulent use may result in loss of student privileges or suspension from the Graduate School. A report of the loss of a card must be given immediately to the registrar's office.

Courses Primarily for Undergraduates. With the approval of their director of graduate studies, graduate students may enroll in undergraduate courses to round out their programs of study. Students pursuing a master's degree are limited to two undergraduate courses; doctoral students may take as many as required. In either case, students must receive a grade of B- or better to have such courses counted as part of their earned graduate credit.

Withdrawal from a Course. For permissible changes during the first two weeks of the fall or spring semester and during the first three days of summer session term, see the chapter on "Registration." If a course is dropped without the necessary approval, the permanent record will, at the discretion of the dean of the Graduate School and with the permission of the instructor, list the course as Withdrawal Error (WE). If a course is dropped after the two-week period during the fall or spring or after the first three days of classes during the summer, the status of the student at the time of withdrawal from the course will be indicated on the permanent record as Withdrew Passing (WP) or Withdrew Failing (WF). Beginning in the fall 2008 semester, the categories WE, WP, and WF will no longer exist. All withdrawals will be noted on the permanent record as Withdrew (W).

Interruption of Program and Withdrawal from the Graduate School. Students are expected to meet academic requirements and financial obligations, as specified elsewhere in this bulletin, in order to remain in good standing. Certain nonacademic rules and regulations must be observed also (see "Standards of Conduct," p. 62). Failure to meet these requirements may result in summary dismissal by the appropriate officer of the university.

The university reserves the right, and matriculation by the student is a concession to this right, to request the withdrawal of any student whose academic performance at any time is not satisfactory to the university. A student who wishes for any reason to withdraw from the Graduate School during the fall, spring, or summer session must notify in writing both the director of graduate studies in the major department and the dean of the Graduate School prior to the date of the expected withdrawal and no later than the published last day of classes for that semester or summer session. If students wish to withdraw from courses in the summer session, they must consult both the director of graduate studies in the major department and the director of the Summer Session. For refunds upon withdrawal, see the chapter on "Financial Information."

A student who, after successfully completing one semester of graduate study, must withdraw before completion of a graduate program may, with the approval of the major department, request the dean to issue a certificate of graduate study.

Leave of Absence. A leave of absence for a period of time no longer than one calendar year may be granted because of medical necessity, full-time employment, receipt of an external award, or other acceptable reasons. A request for a leave of absence should be originated by the student, endorsed by the student's major professor and director of graduate studies, and submitted to the dean of the Graduate School for consideration prior to the beginning of the semester for which the leave is requested. A student is eligible to request a leave of absence only after having completed at least one semester at Duke. Time limitations which pertain to the various degrees and the completion of courses on which a grade of I (incomplete) was earned are not waived.

Students contemplating leaves of absence for reasons other than medical emergency should be aware that, for financial purposes, all guarantees of financial support are calculated from the date of initial matriculation. For example, if a graduate program has stated that a student will be supported through the fifth year of graduate study and the student subsequently takes a leave of absence for one of those years for reasons other than medical emergency, the student would forfeit a year of institutional support.

English Proficiency for International Students. All international students whose native language is not English must enroll in two sections of English for International Students (one devoted primarily to written English, one primarily to spoken English) during their initial year at Duke, unless formally waived from this requirement by the Graduate School upon certification of competency in English.

Student Health and Insurance. The Student Health Fee entitles the student to outpatient treatment through the University Student Health Program, inpatient treatment in the University Infirmary, and services provided by Counseling and Psychological Services. The health fee should not be confused with the Duke Student Medical Insurance Plan, which covers a large number of medical costs above and beyond the treatment available through the University Health Program. Full-time students who are entitled to coverage by the Student Health Program are also eligible for the supplementary insurance policy.

All students enrolled in programs that require payment of the health fee must also have adequate medical insurance. Students will automatically be enrolled in the Duke Student Medical Insurance Plan unless they submit a waiver indicating that they are covered by a comparable plan. Students indicate their health insurance decision through the ACES Web site as part of Duke's online registration process. The University requires all students to be responsible for health costs over and above what is covered by the student health fee.

Prerequisites. As a prerequisite to graduate study in the major subjects, a student must have completed a minimum of 24 undergraduate semester hours-ordinarily 12 semester hours of approved college courses in the major subject and 12 semester hours in the major or in related work. Since some departments require more than 12 semester hours in the proposed field of study, students should read carefully the special requirements listed by their major departments in the chapter on "Courses of Instruction." If special master's requirements are not specified in this chapter and there is a question about prerequisites, prospective students should write directly to the appropriate director of graduate studies.

Major and Related Subjects. Thirty units of graduate credit at Duke constitutes minimum enrollment for the Master of Arts and the Master of Science degrees. Students must present acceptable grades for a minimum of 24 units of graded course work, 12 of which must be in the major subject. Six units of the required 24 is often in a minor subject or in a related field which is approved by the student's major department.

Individual programs and departments decide whether the MA/MS program may be completed by submission of an approved thesis or by other academic exercises (see requirements listed in the chapter on "Courses of Instruction"). In either case, a maximum of 6 units may be earned by the completion exercises and the final examination.

Thesis Requirements. The thesis should demonstrate the student's ability to collect, arrange, interpret, and report pertinent material on a research problem. The thesis must be written in an acceptable style and should exhibit the student's competence in scholarly procedures. Requirements of form are set forth in the Duke University Guide for the Preparation of Theses and Dissertations, which is available on the Duke University Graduate School Web site.

The thesis must be submitted in an approved form to the Graduate School on or before April 1 for a May degree, ten days before the final day of the second summer term for a September degree, ten days before the final day of the fall semester for a December degree, and at least one week before the scheduled date of the final examination. The copies of the thesis will be distributed by the student to the several members of the examining committee. The original and one copy will be bound for the library upon payment of the university binding fee of $18.

The Examining Committee and the Examination. The program or department's director of graduate studies recommends an examining committee normally composed of three members of the graduate faculty, one of whom is usually from a department other than the major department or from an approved minor area within the major department. The committee must be approved by the dean of the Graduate School before the student applies for graduation. A student must be registered during the term in which he/she takes the final examination.

Non-thesis examinations take several forms within the Graduate School. The most common are written or oral exams on a prescribed reading list or body of material; oral exams on a paper or a set of papers submitted by the student; or an oral exam on a research project or memorandum. The doctoral preliminary examination may also serve as the final examination for the master's degree.

The master's committee will conduct the examination and certify the student's success or failure by signing the card provided by the Graduate School office. If more than one member of the committee casts a negative vote on the final examination, the student will fail. The committee may recommend additional work and/or a second examination. If it is a successful examination, the card indicates completion of all requirements for the degree. If a thesis is presented, the committee members also sign all copies of the thesis, and the candidate then returns the original and one copy to Perkins Library Circulation Desk.

Filing the "Apply for Graduation" Form. On or before January 25 for a May degree, on or before July 1 for a September degree, on or before November 1 for a December degree, and at least one month prior to the final examination, the student must file the "Apply for Graduation" form electronically. The declaration of intention to graduate presents the title of the thesis or specifies alternative academic exercises on which the degree candidate will be examined. The "Apply for Graduation" form is not valid for more than one semester-a new form will need to be filed for completion of the degree in a subsequest term.

Transfer of Credits. A maximum of 6 units of graduate credit may be transferred for graduate courses completed at other schools. Such units will be transferred only if the student has received a grade of B (or its equivalent) or better. The transfer of graduate credit does not reduce the required minimum registration of 30 units for a master's degree at Duke, even though it may relieve the student of coursework required by the major department. Requests for transfer should be submitted on the approved Graduate School form.

Nondegree Students. Credit for graduate courses taken at Duke by a student (not undergraduate) before degree admission to the Graduate School or while registered as a nondegree student through the Office of Continuing Education or the Graduate School may be carried over into a graduate degree program if (1) the action is recommended by the student's director of graduate studies and approved by the dean, (2) the amount of such credit does not exceed 12 units, (3) the work has received grades of B or better, (4) the work is not more than two years old, and (5) the student applies for and is granted formal admission into a degree program.

Time Limits for Completion of Master's Degrees. Master's degree candidates who are in residence for consecutive academic years normally complete all requirements for the degree within two calendar years from the date of their first registration in the Graduate School. Candidates must complete all requirements within six calendar years of their first registration.

To be awarded a degree in May, the recording of transfer credit must be completed by the first day of the final examination period. If a thesis is one of the requirements, it must be submitted to the Graduate School office by April 1 (see Graduate School Web site for specific details). Candidates desiring to have their degrees conferred on September 1 must have completed all requirements, including the recording of transfer of credit, by the last weekday of the Duke University summer session. Candidates completing degree requirements after that date and during the fall will have their degrees conferred on December 30.

Requirements. The formal requirements for the PhD degree are as follows: (1) payment of 6 semesters of full-time tuition (or five if credit for previous graduate work has been approved), (2) major and related courses, (3) foreign language(s) in many departments, (4) training in the Responsible Conduct of Research, (5) a supervisory committee for the student's program of study, (6) residence, (7) preliminary examination, (8) dissertation, and (9) final examination.

Major and Related Work. The student's program of study normally demands substantial concentration on courses in the major department, plus coursework in related minor fields as determined by individual programs. If there are deficiencies in a student's undergraduate program, departments may also require certain undergraduate courses to be taken. In all cases the student's supervisory committee will determine if the student must meet requirements above the minimum.

Responsible Conduct of Research. Beginning with the entering class of Fall 2003, all doctoral students at Duke University will be required to complete a series of training sessions in the Responsible Conduct of Research (RCR). These sessions will consist of two components: the first is an orientation workshop given at the beginning of each academic year. All students in the Biomedical Sciences will attend the general introductory workshop at the Duke University Marine Laboratory; students in the Humanities and Social Sciences will attend a similar introductory workshop on the main campus, as will students in non-medical Biological Sciences, Physical Sciences and Engineering programs. All PhD students will subsequently attend a minimum number of RCR forums or other training experiences (including workshops and courses) scheduled throughout the academic year on individual topics related to responsible conduct of research. The number and content, as well as the annual schedule of, such forums, courses or workshops will be published at the beginning of each fall semester. Students should complete their RCR training requirement by the end of their third year at Duke.

Committee to Supervise the Program of Study. As early in a student's course of study as is practicable and not later than two months before the preliminary examination, the director of graduate studies in the major program or department will nominate for the approval of the dean a supervising committee consisting of at least four members, with one member designated as chair. This committee should include at least three graduate faculty members from the major department and, usually, at least one from outside the department. For programs in which approval has been granted for related work from a clearly differentiated division within the department, one member of the committee may be chosen from that division. This committee, with all members participating, will determine a program of study and administer the preliminary examination.

Progress towards Degree. All PhD students must file annually, beginning with their second year of study, a report to their director of graduate studies summarizing their progress towards the degree. For students who have passed the preliminary examination and are working on their dissertations, it is expected that this progress summary will also be given to their doctoral committees. Failure on the part of a student to submit an annual progress report will jeopardize the Graduate School's ability to certify satisfactory progress towards the degree and thus both the student's continuation in their graduate program and their eligibility for financial support.

Time Limits. Ordinarily a student registered for full-time study should pass the preliminary examination by the end of the third year. A student who has not passed the examination by this time must file with the dean of the Graduate School a statement, approved by the director of graduate studies in the major department, explaining the delay and setting a date for the examination. Except under unusual circumstances, extensions will not be granted beyond the middle of the fourth year.

Ordinarily, credit is not allowed for graduate courses (including transfers) or foreign language examinations that are more than six years old at the date of the preliminary examination. Similarly, credit will not be allowed for a preliminary examination that is more than five years old at the date of the final examination. In cases of exceptional merit, however, the dean of the Graduate School may extend these limits. Should either of these limits be exceeded, the student's department must submit to the dean specific requirements for revalidating credits or examinations.The doctoral dissertation should be submitted and accepted within two calendar years after the preliminary examination is passed. Should the dissertation not be submitted and accepted within four years after the examination, the candidate may, with the approval of the committee and the director of graduate studies, petition the dean of the Graduate School for an extension of up to one year. If this extension is granted and the dissertation is not submitted and accepted by the new deadline, the student may be dropped from candidacy. The student must then pass a second preliminary examination to be reinstated as a candidate for the degree. In such cases, the time limit for submitting the dissertation will be determined by the dean of the Graduate School and the candidate's committee.

Preliminary Examination. A student is not accepted as a candidate for the PhD degree until the preliminary examination has been passed. The examination ordinarily covers both the major field and related work, although some departments or programs cover such fields expertise in a separate qualifying examination. Please consult "Courses of Instruction" on page 66 for individual department or program procedures. In the summer a preliminary examination may be scheduled only between the opening and closing dates of the summer session. A student must be registered during the term in which he or she takes the preliminary examination.

Successful completion of the preliminary examination requires at least three affirmative votes and no more than one negative vote. The sole exception to this policy is that a negative vote cast by the chair of the examining committee will mean a failure on the examination. A student who fails the preliminary examination may apply, with the consent of the full supervisory committee and the dean of the Graduate School, for the privilege of a second examination to be taken no earlier than three months after the date of the first. Successful completion of the second examination requires the affirmative vote of all original committee members. Failure on the second examination will render a student ineligible to continue a program for the PhD degree at Duke University.

The qualifying and/or preliminary examination may also be used as the completion exercise for awarding a master's degree either for a terminal master's or, where appropriate, for awarding a master's degree en route to the PhD

One month before the dissertation is presented and no later than January 25 preceding the May commencement, July 1 for a September degree, and November 1 for a December degree, the student must apply for graduation electronically. This application should indicate the approved title of the dissertation and be approved by both the director of graduate studies of the student's major department and the professor who directs the dissertation.

The basic requirements for preparing the dissertation (type of paper, form, and binding) are prescribed in the Guide for the Preparation of Theses and Dissertations, which is available on the Graduate School Web site.

The dissertation must be completed to the satisfaction of the professor who directs the dissertation, members of the student's advisory committee, and the dean of the Graduate School. A copy of the dissertation must be submitted to the dean of the Graduate School on or before March 25 preceding the May commencement, ten days before the end of the Duke summer session for a September degree, or ten days before the end of the fall semester for a December degree. The dissertation must be submitted to the Graduate School office at least seven days before the scheduled date of the student's examination.

All doctoral dissertations are published on microfilm through UMI/ProQuest in Ann Arbor, Michigan. Authors may copyright them if they wish. Abstracts are published in Dissertation Abstracts International.

One extra copy of the abstract (not more than 350 words long) with signature page is submitted when the dissertation is presented at Perkins Library Circulation Desk. A nonrefundable archiving fee of $55 is charged. If copyright is desired, an additional fee of $65 is charged. The original and one copy will be bound at a cost of $18.

Final Examination. The final examination is administered by a supervising committee of at least four members, who must have at least two weeks to read and review the completed dissertation before the final examination. The final oral examination shall be primarily on the dissertation; however, questions may be asked in the candidate's major field. Except in unusual circumstances approved by the dean, a final examination will not be scheduled when the university is not in session. A student must be registered during the term when he/she takes the final examination.

Successful completion of the final examination requires at least four affirmative votes and no more than one negative vote. The sole exception to this policy is that a negative vote cast by the chair of the examining committee will mean a failure on the examination. A student who fails the final examination may be allowed to take it a second time, but no earlier than six months from the date of the first examination. Permission to take the second examination must be obtained from the professor who directed the dissertation and from the dean of the Graduate School. Failure to pass the second examination renders the student ineligible to continue work for the PhD degree at Duke University.

Deposit of the Dissertation. After passing the examination, candidates return the original and one copy of the dissertation, properly signed, to Perkins Library Circulation Desk. At this time they sign the archiving agreement and present proof of payment of binding, archiving, and, if applicable, copyright fees. A student must be registered during the term that he or she submits the dissertation to the library.

Graduation exercises are held once a year, in May, when degrees are conferred on and diplomas are issued to those students who have completed requirements by the end of the spring. The May commencement also includes a hooding ceremony. Those who complete degree requirements by the end of the fall or by the end of a summer term receive diplomas dated December 30 or September 1, respectively. There is a delay in the mailing of September and December diplomas because diplomas cannot be issued until they are approved by the Academic Council and the Board of Trustees.

Graduate students at Duke University freely choose to join a community of scholarship predicated on the open exchange of ideas and original research. At Duke University, students assume the responsibility to foster intellectual honesty, tolerance, and generosity and to encourage respectful debate and creative research. By accepting admission to Duke University, graduate students pledge to uphold the intellectual and ethical standards of the University, as expressed in the Duke Community Standard, to respect the rights of their colleagues, to abide by University regulations, and to obey local, state, and federal laws. The Graduate School and the University specifically prohibit the following:

4. Harassment: The creation of a hostile, intimidating, disrespectful environment based on race, religion, gender, ethnicity, or sexual orientation, in which verbal or physical conduct, because of its severity or persistence, is likely to interfere significantly with an individual's work or education, or affect adversely an individual's living conditions. Duke University is committed to protecting academic freedom for all members of the university community. This policy against harassment is, therefore, applied so as to protect the rights of all parties to a complaint. Academic freedom and freedom of expression include but are not limited to the expression of ideas, however controversial, in the classroom, residence hall, and, in keeping with different responsibilities, in workplaces elsewhere in the university community.

5. Sexual harassment: Coercion through speech or action for sexual purposes. Examples include verbal or written threats, unwanted sexual solicitation, stalking, and the use of a position of authority to intimidate or coerce others. Duke teaching personnel, employees, and graduate students are expected to report consensual sexual relationships between individuals in a supervisory or teaching relationship to their superiors. Examples of such supervisory/teaching relationships include: instructor and student; advisor and student; and supervisor and staff member.

7. Possession of illicit drugs on University property or as part of any University activity: Students are prohibited to manufacture, sell, deliver, possess, or use a controlled substance without legal authorization. The North Carolina Controlled Substances Act defines a controlled substance as any drug, substance or immediate precursor, including but not limited to opiates, barbiturates, amphetamines, marijuana, and hallucinogens. Possession of drug paraphernalia is also prohibited under North Carolina law and University policy. Drug paraphernalia includes all equipment, products and material of any kind that are used to facilitate, or intended or designed to facilitate, violations of the North Carolina Controlled Substances Act.

Students are expected to meet academic requirements and financial obligations, as specified elsewhere in this bulletin, in order to remain in good standing. Failure to meet these requirements and to abide by the rules and regulations of Duke University may result in summary dismissal by the Dean of the Graduate School or the Provost. In accepting admission, students indicate their willingness to subscribe to and be governed by these rules and regulations and acknowledge the right of the university to take disciplinary action, including suspension and/or expulsion, as may be deemed appropriate for failure to abide by such rules and regulations or for conduct adjudged unsatisfactory or detrimental to the university.

STUDENT GRIEVANCE PROCEDURES. It is the responsibility of the director of graduate studies to inform each graduate student of the appropriate channels of appeal. In normal circumstances, the director of graduate studies is the first to hear a complaint. If the complaint cannot be resolved satisfactorily at this level, the student may address, in turn, the department chair, the associate dean of the Graduate School, the dean of the Graduate School, and the provost, who shall be the final avenue of appeal. An appeal must be filed in writing with the next appropriate university officer within ten days after a decision has been formally rendered by any of the university officers mentioned above.

JUDICIAL CODE AND PROCEDURES. In the spring of 1971, the Graduate School community ratified and adopted an official judicial code and procedures. These procedures were subsequently amended in November, 1998, and in May, 2007.

A. A student, by accepting admission to the Graduate School of Duke University, thereby indicates willingness to subscribe to and be governed by the rules and regulations of the University as currently are in effect or, from time to time, are put into effect by the appropriate authorities of the University, and indicates willingness to accept disciplinary action, if behavior is adjudged to be in violation of those rules or in some way unacceptable or detrimental to the University. However, a student's position of responsibility to the authorities and the regulations of the University in no way alters or modifies responsibilities in relation to civil authorities and laws.

B. A graduate student at Duke University stands in a primary and unique relation of responsibility to the faculty in the major department, the faculty upon whose recommendation a graduate degree will or will not be awarded to the student. In matters which involve or may affect the student's intellectual or professional life, the student is directly responsible to this department and its representatives, and such matters should primarily be handled by the department.

D. A student may elect to have the dean of the Graduate School hear matters related to the student's conduct in addition to or instead of faculty members from the student's major department, or may elect to have such matters reviewed and judged by a Judicial Board instead of the dean of the Graduate School or members of the faculty in the major department. (The constitution and procedure of the judicial board are detailed below.)

A. Composition. The Graduate School Judicial Board shall have five members, serving for a period of two years: two graduate students appointed from the student body by the dean of the Graduate School with the advice of the Graduate and Professional Student Council, two members of the graduate faculty appointed by the Executive Committee of the Graduate Faculty, and one associate or assistant dean appointed by the dean of the Graduate School. The Board shall elect one of its members as chairman. The Board shall have at its service a recording secretary to keep minutes of the hearings and of the Board's actions in a permanent, confidential record book. The Board will be constituted in order to hear cases in which the accused is a student currently enrolled in the Graduate School and in cases in which the accused is a former student but which arise out of activities of the accused while a student enrolled in the Graduate School, and which have been referred to it by the director of graduate studies or the chair in the student's department, by the dean of the Graduate School, or by the student.

B. Preliminary Procedures. If a student requests a hearing by the Judicial Board it must be done in writing, allowing its chairman at least seventy-two hours to convene the Board. In addition, the chairman shall not convene the Board until seventy-two hours after being asked to convene the Board. It is the responsibility of the chairman of the Judicial Board fully to inform its members concerning the case and the reasons the case has been referred to the Board; and to prepare a written summary of this information for the Board, the dean, and the student.

C. Procedural Safeguards for the Hearing. The accused has the right to challenge any member of the Judicial Board on grounds of prejudice. If the Board decides to excuse one or more of its members for reasons given by the accused, it shall consult with the dean about the need for replacements. The accused may choose an advisor to assist in the hearing. The advisor must be a current Duke student, a current Duke faculty member, or a current Duke employee. The role of the advisor is to assist and support the student through the disciplinary process. The advisor may not address the hearing panel or any witness during the hearing. The accused may also produce witnesses (including no more than two character witnesses), introduce documents, and offer testimony. A person having direct knowledge relevant to a case being heard by the Board is a material witness. The Judicial Board may request the appearance of material witnesses. The Board shall also request, upon written request of the complainant or the accused, the appearance of material witnesses. Witnesses shall be notified of the time, place, and purpose of their appearance. The accused has the right to examine the written statement of any witness relevant to the case at least seventy-two hours before the hearing. The accused has the right to be faced with any witness who has given a statement relevant to the case at the hearing if the witness's attendance can be secured.

The hearing will be conducted in private unless the accused requests an open hearing. If any objection is raised to conducting an open hearing in any particular case, the Judicial Board shall decide the issue by majority vote. If the decision is made not to hold an open hearing, the accused shall be informed in writing of the reasons for the decision. The Judicial Board shall consider only the report of the chairman, documents submitted into evidence, and the testimony of witnesses at the hearing in reaching its decisions.

D. Conduct of the Hearing. The hearing of any case shall begin with a reading of the charge by the chairman in the presence of the accused. The accused shall then plead guilty or not guilty or move to terminate or postpone the hearing. The accused may qualify a plea, admitting guilt in part and denying it in part. The accused may not be questioned for more than one hour without recess. At any time during the hearing, the accused or the Judicial Board may move to terminate or to postpone the hearing or to qualify the plea or to modify its charge.

Pending verdict on charges (including appeal) against the accused, status as a student shall not be changed, nor the right to be on campus or to attend classes suspended, except that the provost may impose an interim suspension upon any member of the University community who demonstrates, by conduct, that continued presence on the campus constitutes an immediate threat to the physical well-being or property of members of the University community or the property or orderly functioning of the University.

F. Sanctions and the Verdict. The Graduate School Judicial Board shall have the power to impose the following penalties: expulsion, dismissal from the University with the recommendation that the person never be readmitted; suspension, dismissal from the University and from participation in all University activities for a specified period of time, after which the student may apply for readmission; disciplinary probation, placing the student on a probationary status for a specified period of time, during which conviction for violation of any regulation may result in more serious disciplinary action; restitution, payment for all, or a portion of property damage caused during the commission of an offense. Restitution may be imposed by itself or in addition to any of the other penalties. In the case of a student who is not currently at Duke or who has already graduated, such sanctions could include revocation of the degree. The Judgment shall consist of a finding of guilty or not guilty of the charge and, when the accused is found guilty, a statement of the punishment assessed. On all questions, including the verdict and the finding of guilty or not guilty, the Board shall be governed by a majority vote. The Judicial Board may decide to rehear a case in which significant new evidence can be introduced. In addition, the defendant may request an appeal. An appeal shall be granted on the following grounds: procedural error substantially affecting the rights of the accused; incompatibility of the verdict with the evidence; excessive penalty not in accord with "current community standards;" new evidence of a character directly to affect the judgment but on which the original tribunal had refused a new hearing.

This Judicial code and procedure and this constitution and procedure for the Graduate School Judicial Board may be amended at any time with due notice or publication by consent of the dean, the Executive Committee, and the graduate student representatives of the Graduate and Professional Student Council. Questions and problems not answered or anticipated by the foregoing may be resolved by the use of other existing institutions or by amendment.

2008-09 Bulletin of the Duke University Graduate School

2008-09 Bulletin of the
Duke University Graduate School