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- Student Involvement in University Policy
- UNCP Drug Policy and Alcohol Policy
- I. Introduction
- II. Alcohol/Drug Education Programs
- III. Institutional Policy on Drugs
- IV. Health Risks of Psychoactive Drugs
- UNCP Tailgating Policy
- Smoking Ban
- Emergency Health and Safety Policy
- Addressing Behavior and Emergencies
- Involving Essential Parties
- Returning to Campus After Treatment
- Medical Suspension
- Medical Withdrawals
- Voluntary Medical Withdrawal
- Involuntary Medical Withdrawal
- Appeal Process
- Reapplication Process
- EHS Committee Procedure for Returning to UNCP
- Free Speech Event Policy
- Principle of Neutrality
- Free Speech Assembly Reservation Procedures
- 4. Dissent or Protest in Connection with Speech Events
- Security at Speech Events
- Sanctions for Violators
- NC General Statute 18B-302: Alcohol
- NC General Statute 14-35: Hazing
- Policy Concerning Improper Relationships Between Students and Employees
- Policy Prohibiting Illegal Harassment and Discrimination
- Sexual Assault Policy
- Responsibility to Report
- Preserving Evidence
- Availability of Counseling and Advocacy
- Education and Awareness Programs
- University Judicial System and Code of Conduct
- Campus Judicial Board and Administration Hearings
- Training Campus Judicial Board
- Accomodation and Change Options
- Rights of Alleged Perpetrators
- Residential Staff
- Student Health Services
- Interpersonal Violence/Sexual Assault
- Response Team
- Sexual Harassment
- Student Grievance Policy
- I. Purpose
- II. Informal Resolution
- III. Formal Resolution
- IV. The Decision
- V. The Appeal
- Grievance Policy for Students with Disabilities
The University's administration strongly encourages student participation policy-making decisions that affect students and the University. Student representation exists on the following subcommittees and boards in addition to various committees that are appointed by the Student Senate and/or the Student Government Association President:
1.1 This policy is adopted by the Board of Trustees of The University of North Carolina at Pembroke in conformity with the direction of the Board of Governors of The University of North Carolina. It is applicable to all students, faculty members, administrators, and other employees. This policy is also intended to comply with the requirements of the Drug-Free Schools and Campuses regulations of the U.S. Department of Education.
1.2 The University of North Carolina at Pembroke (the “university” or “UNCP”) is dedicated to providing a work, study, and recreational environment that does not include illegal drugs, abuse of prescription medications, or excessive use of alcohol. All students, staff, faculty, and guests are viewed by the university as individually responsible and legally accountable for their actions. The illegal possession, sale or use of drugs, including alcohol, adversely affects the academic community. Toward that end, the university notifies in writing, the parents of students under the age of 21 of such offenses.
1.3 In addition, students should be aware that the UNCP Student Code of Conduct extends to any student whose conduct on or off campus becomes unsatisfactory and is determined to have a detrimental impact on the mission of the university. Students whose behavior off campus requires the involvement of law enforcement or other authorities may be subject to appropriate judicial sanctions from the university. This behavior includes being intoxicated in public, displaying alcohol, driving under the influence, or illegally possessing or using alcohol, or providing alcohol to students under the legal age. Manufacturing, selling, using, or possessing narcotics, barbiturates, amphetamines, marijuana, sedatives, tranquilizers, hallucinogens, and/or other known drugs, and/or chemicals is included in this code, as is buying, selling, possessing, or using any kind of drug paraphernalia or counterfeit drugs.
1.4 The university has developed drug education, prevention, and intervention programs. Members of the university community are encouraged to become familiar with the programs and are invited to take advantage of the services provided.
1.5 The chancellor has designated the Counseling and Psychological Services (CAPS) as the coordinating agency of drug education. With that designation, the CAPS is the office, under the supervision of the director, responsible for overseeing all programs and changes related to this policy.
2. ALCOHOL/DRUG EDUCATION PROGRAMS
2.1 The university 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:
2.1.a. the incompatibility of the use or sale of illegal drugs with the goals of the university;
2.1.b. the legal consequences of involvement with illegal drugs;
2.1.c. the medical implications of the use of illegal drugs; and,
2.1.d. the ways in which illegal drugs jeopardize an individual’s present accomplishments and future opportunities.
2.2 Committee on Substance Abuse Prevention (CSAP)
2.2.1 The CSAP is a comprehensive and interdisciplinary team of campus and community professionals as well as students that provides informed guidance and advises the university community with coordinated drug-related education, prevention, and intervention services. The term “drugs” includes both legal drugs (i.e., alcohol, prescription medications, over-the-counter medications, nicotine, caffeine, etc.) and illegal drugs as covered by the Controlled Substance Act. CSAP defines itself as an advisory board for the prevention, intervention, and education policies and activities concerning the use and/or abuse of tobacco, alcohol, and other drugs. A staff member of the Counseling and Psychological Services serves as chairperson of CSAP. CSAP activities encourage individuals to:
2.2.1.a. value and maintain sound health;
2.2.1.b. respect state/federal laws and university regulations;
2.2.1.c. recognize and resist pressure to use drugs;
2.2.1.d. promote drug-free activities;
2.2.1.e. promote the use of rehabilitation resources; and,
2.2.1.f. recognize the incompatibility of drug abuse and achievement of personal goals.
2.3 Educational Activities and Counseling Services
2.3.1. Division of Student Affairs provides the following:
2.3.1.a. annual notification to all enrolled students of the consequences of drug use and/ or abuse;
2.3.1.b. administration of an annual, anonymous, freshman wellness survey;
2.3.1.c. educational programs in a variety of formats;
2.3.1.d. a multimedia library on drug related topics;
2.3.1.e. alternative programming promoting drug-free fun;
2.3.1.f. Living/Learning programs in the residence halls;
2.3.1.g. observance of National Collegiate Alcohol Awareness Week;
2.3.1.h. peer-educators to encourage informed choices concerning alcohol consumption and to discourage the use of illegal drugs;
2.3.1.i. twelve-step meeting schedules, e.g., AA, NA, etc;
2.3.1.j. referral information for students;
2.3.1.k. drug assessment and/or counseling for students;
2.3.1.l. support groups and drug awareness workshops; and
2.3.1.m. drug education and assessment for student violators of this drug policy.
2.3.2 Division of Academic Affairs provides the following:
2.3.2.a. alcohol/drug modules in all freshman seminar classes;
2.3.2.b. academic credit courses in drug abuse prevention and chemical dependency;
2.3.2.c. academic credit courses in wellness and fitness; and
2.3.2.d. a wellness committee to promote healthy choices.
2.3.3 Division of Business Affairs provides the following:
2.3.3.a. an Employee Assistance Program (EAP) which includes consultation,
assessment, and referral; and,
2.3.3.b. annual written notification of all employees of this drug policy, the consequences of drug use/abuse, and available resources, including EAP, for counseling and rehabilitation.
3. INSTITUTIONAL POLICY ON DRUGS AND ALCOHOL
3.1 Individuals who suspect they may have a drug or alcohol problem are encouraged to seek help through the CAPS or EAP before the problem affects their academic performance, work performance, or conduct. Anyone reporting to class/work under the influence of alcohol or illegal drugs or using alcohol or illegal drugs on the job may be suspended or dismissed without warning. In addition to disciplinary action by the university, violation of the university’s drug-free policy may be cause for criminal prosecution by government or law enforcement agencies.
3.2 The illegal possession, sale, or use of drugs, including alcohol, will not be tolerated at the university. Violation will result in sanctions which may include dismissal from employment and the termination of student status (suspension or expulsion). The university may impose sanctions if it is proven by a preponderance of evidence that a violation has occurred. Students, faculty and staff are subject to federal, state, and local laws as well as university rules and regulations. Members of the university community are not entitled to greater immunities or privileges before the law than those enjoyed by other citizens generally. Although the university reserves the right to impose more severe sanctions for any violation of its Drug and Alcohol Policy as circumstances may warrant, the minimum penalties that may be imposed for particular offenses are set out herein below.
3.3 Alcohol Possession and/or Consumption Regulations for UNCP Students and Employees.
3.3.1 Programs exist on campus to assist persons of legal age in making informed choices concerning alcohol.
3.3.2 Students of legal age are permitted to possess and consume beer, unfortified wine,
fortified wine, spirituous liquor, and mixed beverages only within the confines of their residence hall rooms. Caffeinated Alcoholic Beverages (CABs; i.e., Four Loko, MoonShot, Joose) are prohibited on campus.
3.3.3 Students aged 21 years and older are permitted to possess and consume alcohol while tailgating in designated areas or parking lots prior to UNCP football games.
3.3.4 Student possession and/or consumption of any alcoholic beverage is prohibited at any location except as indicated in section 3.3.2 and 3.3.3 of this drug policy.
3.3.5 Student fees cannot be used to purchase alcohol.
3.3.6 Kegs are not permitted on campus. Students are not to possess kegs, or any common source containers of alcohol such as “party balls,” or use any item such as bathtubs, trash cans, or similar container to hold alcohol. Beer funnels or other alcohol paraphernalia used for rapid consumption are not permitted anywhere on campus. Students are not allowed to construct or own a table used for the purpose of beer pong on campus. Kegs or any other rapid alcohol consumption paraphernalia brought onto campus will be seized as contraband by campus police and the contents destroyed. Kegs may be retrieved with proof of ownership when the student is prepared to remove them from campus. The chancellor of The University of North Carolina at Pembroke reserves the right to approve the use of alcoholic beverages (including kegs of beer) at special functions, provided appropriate permits are obtained from the North Carolina Alcoholic Beverage Control Commission.
3.3.7 In an effort to create sanctions for the violations to the university alcohol and drug policy that reflect UNCP’s commitment to reduce underage and high-risk drinking and adherence to N.C. General Statute § 18B-302, the following will be enforced on a case-by-case basis. Minimum sanctions against students for underage consumption or possession/public display of alcohol:
3.3.7.a. 1st Offense. Offenders will participate in a drug education and/or counseling program at their cost (currently $100.00), and parental notification of offenses will occur.
3.3.7.b. 2nd Offense. Offenders will participate in additional drug counseling and assessment and follow all counseling recommendations. Offenders will pay the fee for this program (currently $100.00), Conduct probation for a term to be determined by the judicial process, and parental notification of offenses.
3.3.7.c. 3rd Offense. Suspension from the university for a period of at least one semester.
3.3.8 Sanctions for consumption, public display or excessive use of alcohol (see section 3.5) by students 21 and older that require the involvement of campus police or the office of student affairs shall be determined on a case-by-case basis, but may include:
3.3.8.a. 1st Offense. Offenders will participate in a drug education and/or counseling program at their cost (currently $100.00).
3.3.8.b. 2nd Offense. Offenders will participate in additional drug counseling and assessment and follow all counseling recommendations. Offenders will pay the fee for this program (currently $100.00) and be placed on conduct probation for a term to be determined by the judicial process.
3.3.8.c. 3rd Offense. Suspension from the university for a period of at least one
3.3.9 It is against the law for anyone to sell or give any alcoholic beverage to a person under twenty-one (21) year of age or to aid or abet such a person in selling, purchasing, or possessing any alcoholic beverage. Any person under 21years old who aids or abets an underage person in violating this law may be fined $500, imprisoned for 6 months, or both. Any person 21 years or older who aids or abets an underage person to violate this law may be fined $2000, imprisoned for 2 years, or both (General Statute 18B-302). It is the policy of the university to cooperate with local law enforcement who may be investigating incidents where violations of this law have been committed on and off campus. Minimum sanctions for students over 21 who provide alcohol to minors:
3.3.9.a. Offenders will participate in a drug education and/or counseling program at their cost (currently $100.00). This program will focus on alcohol laws, responsible service practices, and social host liability laws.
3.3.9.b. Conduct probation for a term to be determined by the judicial process.
3.3.9.c. A second offense of this violation will mean suspension from the university for a period of at least one semester.
3.3.10 Campus mandatory drug education and assessment must be completed within forty (40) business days of the initial referral; if not, the student must complete an approved off-campus drug education/counseling program at his/her expense BEFORE being permitted to register for future classes or graduate. Failure to keep campus drug education/counseling appointments will result in a $25.00 fee for each missed appointment.
3.3.11 Guests in violation of the Drug and Alcohol Policy shall be required to leave campus and could face additional sanctions, including arrest and criminal charges. Students who have guests on campus are responsible for their guests at all times and will be held accountable for their guest’s actions.
3.3.12 Penalties for employees who violate any applicable laws or university policies regarding illegal possession or use of alcohol or provision of alcohol to persons under 21 years of age will be determined on a case-by-case basis and will cover the entire range of penalties available to the university as an employer, including but not limited to suspension and discharge from employment.
3.4 Social Host Liability Law
3.4.1 In addition to the substantial criminal penalties for furnishing alcohol to an underage person and/or helping an underage person obtain alcohol, individuals and student groups serving alcohol to friends or guests should be aware that if:
3.4.1.a. a person serves an alcoholic beverage to someone whom the server knew, or should have known, was under the influence of alcohol, and
3.4.1.b. the server knew that person would shortly thereafter drive an automobile; a jury could conclude, some injury could result from the negligent conduct. This means that, if someone is injured by a drunk driver and sues the person(s) who served the driver alcohol, a jury might find that the server(s) were partly responsible for the injuries and order the server(s) to pay substantial damages to the injured person or his/her estate. Significant personal consequences could result to the host or provider of the alcohol. The above information is not intended as legal advice. If uncertain about this issue, contact a private attorney.
3.5 Excessive and/or Harmful Use of Alcohol
3.5.1 Substance abuse, especially alcohol abuse, is a significant problem on university campuses. The university strives to create a healthy academic and social environment that states high-risk or underage drinking will not be tolerated. Excessive and/or harmful use of alcohol is any abuse of alcoholic beverages, as determined on a case-by-case basis by the director of student conduct. Examples of excessive and/or harmful use of alcohol include, but are not limited to:
3.5.1.a. use of alcohol which leads to medical consequences such as passing out, blackouts (loss of memory), gastritis (vomiting, retching), physical injuries, or other medical problems;
3.5.1.b. use of alcohol in association with inappropriate behavior;
3.5.1.c. a pattern of episodes of alcohol related violations of the Student Code of Conduct; and,
3.5.1.d. a single episode of intoxication in which the director of student conduct believes that the level of alcohol consumption posed a risk to the student’s health or well-being. Students who fall under this category of policy violation may be referred to the Emergency Health and Safety Committee if their behavior is deemed a safety risk (Section V, Administrative Policies of the Student Handbook).
3.6 Illegal Possession of Drugs and/or Paraphernalia for UNCP Students, Staff, and Faculty
3.6.1 Illegal drugs and drug usage. The usage (including, but not limited to, consumption, injection, smoking/inhalation, etc.), manufacture, possession, or distribution of illegal drugs or significantly mind-altering substances, pharmaceutical and otherwise (including salvia divinorum, medical marijuana, and synthetic forms of banned substances, including, but not limited to, K2, Spice, Black Magic, etc.); inappropriate/illegal use or distribution of any pharmaceutical product; being in the presence of others while the above mentioned drug use is occurring; or possession of drug paraphernalia, including bongs.
3.6.2 For a first offense involving the illegal possession or use of any controlled substance identified in Schedule I, N.C. General Statute § 90-89, or Schedule II, N.C. General Statute § 90-90, (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone), the minimum penalty shall be suspension from enrollment and 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. Minimum penalties for this offense exceeds the maximum period of suspension without pay that is permitted by the State Personnel Commission regulations, so the penalty for a first offense for employees subject to the State Personnel Act is discharge from employment.
3.6.3 Students who receive an offense involving the illegal possession or use of any controlled substance identified in Schedules III through VI, N.C. General Statutes § 90-91 through 90-94, (including, but not limited to, marijuana, rohypnol, phenobarbital, codeine) and/or the possession of drug paraphernalia, the minimum penalty shall be:
3.6.3.a. 1st Offense. Conduct probation for a period to be determined on a case-by- case basis, mandatory participation in a drug education and assessment program (currently $100 for students), and parental notification. This does not preclude criminal action from being initiated.
3.6.3.b. 2nd Offense. For a second or other subsequent offenses involving illegal possession of controlled substances identified in Schedules III-IVI, progressively more severe penalties shall be imposed. For students, the minimum penalty cannot be less than suspension for a period of at least a semester; more severe penalties may be imposed, including expulsion. To be readmitted after a suspension, the student (at his/her own expense) must submit documentation of completed drug education and assessment at least equivalent to that which would have been received at the university, multiple negative drug tests over a period of time, and meet such other conditions as the university may require.
This does not preclude criminal action from being initiated.
3.6.4 Campus mandatory drug education and assessment for students must be completed within 40 business days of the initial referral. If not, the student must complete an approved off-campus drug education and assessment program at his/her expense BEFORE being permitted to register for future classes, transfer, or graduate. Failure to keep campus drug education and assessment appointments will result in a $25.00 fee for each missed appointment. This fee applies to all referred offenders from campus police, student affairs, and athletics.
3.6.5 Students’ participation in illegal drug activity off campus may be grounds for imposition of sanctions by the university when a nexus to that activity exists on campus. Such activities may include, but are not limited to, drug testing results for internship participation or athletic requirements. Athletes referred directly by the athletic director for NCAA regulation violations do not incur the above fees, but are subject to the missed appointment fee.
3.6.6 Section 483 of the Federal Higher Education Amendments of 1998 states: “A student who has been convicted of any offense under Federal or State law involving the possession or sale of a controlled substance SHALL NOT BE ELIGIBLE TO RECEIVE ANY GRANT, LOAN, OR WORK ASSISTANCE under this title during the period beginning on the date of such conviction” and lasting for one year, two years, or indefinitely, depending on the offense.
3.6.7 Penalties for employees who violate any applicable laws or university policies regarding illegal possession or use of any controlled substance identified in Schedules III through VI, N.C. General Statutes 90-91 through 90-94, (including, but not limited to, marijuana, rohypnol, phenobarbital, codeine) and/or the possession of drug paraphernalia will be determined on a case-by-case basis and will cover the entire range of penalties available to the university as an employer, including but not limited to, probation, suspension, and discharge from employment. If an unexpired balance of the prescribed period of probation for an employee subject to the State Personnel Act exceeds the maximum period of suspension without pay permitted by the State Personnel Commission regulations, that employee shall be discharged.
3.7 Trafficking in Illegal Drugs for UNCP Students, Staff, and Faculty
3.7.1 For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sale or deliver, any controlled substance identified in Schedule I, N.C. General Statutes 90-89 or Schedule II, N.C. General Statutes 90-90 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone), any student shall be expelled and any employee shall be terminated.
3.7.2 For a first offense involving the illegal manufacture, sale or delivery, or possession with intent to manufacture, sale or deliver, any controlled substance identified in Schedules III through VI, N.C. General Statutes 90-91 through 90-94, (including, but not limited to, marijuana,
rohypnol, phenobarbital, codeine), the minimum penalty shall be suspension from enrollment or 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. Minimum penalties for this first offense exceed the maximum period of suspension without pay that is permitted by the State Personnel Commission regulations; so, the penalty for a first offense for employees subject to the State Personnel Act is discharge from employment.
3.7.3 For a second offense, any student shall be expelled and any employee shall be terminated.
3.8 Abuse of Prescription and/or Over-the-Counter Medications
3.8.1 The abuse of legal medications can lead to serious health complications for the user. Abuse of some medications can also lead the individual to exhibit behavior which is dangerous to self and others. The university strongly supports efforts of individuals to change maladaptive behavior and offers services through the Counseling and Psychological Services, Student Health Services, and EAP. Continued abuse and disruptive behavior may result in disciplinary action.
3.9 Hazing for UNCP Students and Student Groups
3.9.1 The N. C. General Statute § 14-35 defines hazing as follows: “to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group.”
3.9.2 Hazing violations involving drugs and/or alcohol will be required to participate in the campus mandatory drug education/counseling program as well as incur all costs associated with the program.
3.10 Suspension Pending Final Disposition
3.10.1 A student, faculty member, administrator, or other employee charged with a violation of this policy may be suspended from enrollment and employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the chancellor or his/her designee concludes that the person’s continued presence would constitute a clear and immediate danger to the health or welfare of any member of the university community. When a suspension is imposed, an appropriate hearing of the charges against the person suspended shall be held as promptly as possible.
3.11 Process for Imposition of Penalties
3.11.1 Students, faculty, and staff are subject to all local, state, and federal laws relating to drug use and possession. Action on the part of the university is based upon its right to carry out its appropriate mission and is not designed to be merely punitive. University action is not dependent upon and does not preclude criminal or civil action in the courts.
3.11.2 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 502 D (3) and Section 603 of the University The Code; by the Board of Governors policies applicable to other employees exempt from the State
Personnel Act; and by regulations of the State Personnel Commission. Faculty should refer to section 4, page 63, “Due Process Before Discharge or the Imposition of Serious Sanctions for Tenure Track Faculty” and section 11, page 201, in the Faculty Handbook. Students should refer to Chapter IV., Rights & Responsibilities. SPA employees should refer to the State Personnel Manual, (available through the Human Resources Office or on the OSP Website) Section 7, “Discipline, Appeals and Grievances,” and UNCP’s “SPA Employee Grievance and Appeal Policy.” EPA employees should refer to the UNCP’s handbook for EPA employees, “Personnel Policies for Employees Exempt from the State Personnel Act, UNCP,”, Section IV.
3.12 Policy Implementation and Reporting
3.12.1 All drug and alcohol violations on the UNCP campus are reported via the Crime Awareness and Campus Security Act [20 US Code 1092 (f)] (CACSA), required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The report is compiled in accordance with the guidelines set forth in the U.S. Department of Education, Office of Postsecondary Education, The Handbook for Campus Crime Reporting, Washington, DC, 2005, and is completed by Campus Police.
4. HEALTH RISKS OF PSYCHOACTIVE DRUGS
4.1 All psychoactive drugs (including alcohol) can produce negative health risks associated with long-term chronic use. Some, but not all, related health risks are listed below.
4.1.a. Alcohol (medically classified as a depressant). Central nervous system depression, impaired judgment, liver damage, malnutrition,
pancreatitis, lowered immunities, and severe birth defects in babies
whose mothers used alcohol during pregnancy. An overdose may result
in a coma and death.
4.1.b. Cocaine. Anxiety, insomnia, paranoia, perforation of the nasal septum, seizures, and cardiac arrest.
4.1.c. Depressants (e.g., Librium, Xanax, Valium). Central nervous system
depression, staggering gait, visual disturbances, lethargy, dizziness, and
4.1.d. Hallucinogens (e.g., LSD, PCP, and hallucinogenic mushrooms). Visual distortions, increased heart rate and blood pressure, psychotic episodes, panic disorders, and flashbacks.
4.1.e. Inhalants. Nausea, headaches, and perceptual distortions. Permanent
damage to bone marrow, lungs, liver, and kidneys and a risk of lung or
cardiac arrest with initial or repeated use.
4.1.f. Marijuana. Increased heart rate, lowered body temperature, impaired
coordination, appetite stimulation, weakened immune system, increased
risk of throat/lung cancer, and speech/memory/learning distortions. Long
term use may result in short term memory loss, a motivational
syndrome, and reproductive system abnormalities.
4.1.g. Narcotics (e.g., codeine, heroin, morphine). Shallow breathing, reduced sex drive, apathy, anxiety, mood swings, nausea, and respiratory
depression. An overdose may induce a coma, convulsions, respiratory
arrest, or death.
4.1.h. Rohypnol (flunitrazepam, commonly called the date rape drug).
Drowsiness, impaired motor skills, and inability to recall events.
Combined with alcohol or other drugs may lead to respiratory
depression, aspiration, and death.
4.1.i. Stimulants (amphetamines). Anxiety, agitation, malnutrition, irregular
heartbeat, chronic sleeplessness, and amphetamine psychosis.
1. GOVERNING PRINCIPLES
1.1 It is illegal and a violation of university policy for any person less than 21 years of age to consume, purchase, or possess an alcoholic beverage. All policies and procedures for possession, consumption, and handling of alcoholic beverages must comply with NCGS § 18B-1002, and university policy. Violators will be disciplined in accordance with appropriate university rules and regulations, in addition to penalties under state law. All students should be familiar with the alcohol beverage laws of North Carolina. Student possession and/or consumption of any alcoholic beverage are prohibited at all locations except as indicated in The University of North Carolina at Pembroke Drug and Alcohol Policy. Current exceptions to the UNCP drug and alcohol policy include:
1.1.a. students aged 21 years and older are permitted to possess and consume alcohol in residence halls;
1.1.b. students aged 21 years and older are permitted to possess and consume alcohol at the UNCP homecoming semi-formal dance; and
1.1.c. students aged 21 years and older are permitted to possess and consume alcohol while tailgating in designated areas or parking lots prior to UNCP football games.
1.2 Specific procedures must exist to check and identify underage persons any time alcoholic beverage consumption by such persons may occur.
1.3 Under no circumstance may any department, office, person, organization, or business sell alcoholic beverages on the university's campus. "Sale" means any transfer, trade, exchange, or barter, in any manner or by any means, for consideration, including, but not limited to, required fees or the purchase of tickets for admission to an event at which alcoholic beverages will be served. Likewise, donations may not be required or solicited in connection with such an event. [NCGS §18B-1002 and 1006]
2. AUTHORIZED AREAS ON CAMPUS
2.1 Unless prohibited by administrative action, alcoholic beverages on campus may be possessed or consumed in the following university designated locations only:
2.1.a. the campus residences of legal age students and guests. For the purposes of this policy, the residence of a student living in a residence hall is defined as only the assigned campus room in the residence hall and does not include any public or common area of the residence hall; and,
2.1.b. university approved tailgating events at home football games. The only alcoholic beverages that may be consumed at university approved tailgating events are malt beverages and unfortified wine. Tailgating may only occur in approved campus tailgating parking lots: Belk Complex Lot 24 and Jones Lot 14. See information below for rules and procedures concerning tailgating.
3.1 Tailgating. Defined as parking or gathering on the UNCP campus and consuming food and/or beverages, tailgating at UNCP home football games is only permitted in Belk Complex Lot 24 and Jones Center Lot 14. Tailgating will be permitted to begin three-and-a-half (3.5) hours before kick-off. No tailgating is permitted at UNCP during or after home athletic games. Access to parking Lot 24 will require a UNCP issued parking permit from the Advancement Office valid only for football games. Parking Lot 14 is a paid parking lot that charges $5 per vehicle. Persons in Lot 14 who wish to drink alcohol MUST have an age identification bracelet. Age
identification bracelets will be issued in Lot 14 to persons presenting legal proof of age. Public display of alcoholic beverage brand label packaging is prohibited. No games of entertainment that use alcohol or implements, which encourage excessive alcohol consumption, will be permitted.
3.2 Alcohol. The only alcoholic beverages that may be consumed at university approved tailgating events are malt beverages and unfortified wine.
3.3 Keg. A keg is any container that holds, or is capable of holding, more than one (1) gallon at a single time of a malt beverage or unfortified wine. Kegs are prohibited on the UNCP campus for any event.
3.4 Grilling. Grilling is allowed in designated areas within Lots 24 and 14. Grills using propane gas are allowed and are preferred. The maximum propane gas cylinder size allowed is twenty (20) lbs. Grills using charcoal are permitted, but users must dispose of coals in marked containers located in Lots 24 and 14. Tailgaters should not dispose of charcoal in any non-marked container or in grass, woods, parking lots, or trash cans.
3.5 Lot 24. Lot 24 is located at the Belk Complex, adjacent to the Caton Fieldhouse and stadium. Access to this lot is by special permit only on the day of UNCP home football games. The Office for Advancement will issue Lot 24 permits. Parking Lot 24 will be closed beginning at 9 p.m. the evening prior to a UNCP home football game. Any car remaining in Lot 24 will be towed at 7 a.m. on the day of UNCP's home football games. UNCP students, faculty, and staff with valid UNCP parking permits who normally park in Lot 24 may relocate their vehicles to any legal parking lot on campus except lots 14, 24, 24A, 24B, and 24C. Notification of the need to move vehicles will begin a week prior to any home game. Vehicles remaining will be towed at owner's expense.
3.6 Lot 14. Lot 14 is located in front of the Jones Center on University Road. Lot 14 is a paid parking lot. Parking charge for Lot 14 is $5 for cars and trucks. Parking for oversized vehicles and RVs that fill more than one spot will be charged $10. Parking Lot 14 will be closed beginning at 9:00 p.m. the evening prior to a UNCP home football game. Any car remaining in Lot 14 will be towed at 7:00 a.m. on the day of UNCP's home football games. UNCP students, faculty, and staff with valid UNCP parking permits who normally park in Lot 14 may relocate their vehicles to any legal parking lot on campus except lots 14, 24, 24A, 24B, and 24C. Notification of the need to move vehicles will begin a week prior to any home game. Vehicles remaining will be towed at owner's expense.
4. ALCOHOL EXCEPTION FOR TAILGATING AT UNCP FOOTBALL GAMES
4.1 Tailgating at which alcoholic beverages are consumed shall apply to all NCAA football games and scrimmages and may begin no more than three-and-a-half (3.5) hours before an event and must end promptly at game time. Tailgating is ONLY permitted prior to home football games in designated areas approved by UNCP. Tailgating participants will be encouraged to leave the lots at game time by the Office of Student Affairs and the Braves Club, in cooperation with campus police. No tailgating will be permitted during or after games. People who leave the stadium during games will not be allowed to reenter the stadium. Motor homes and RVs are permitted to park in Lot 14 at the NW corner.
4.2 No kegs are permitted at tailgating activities. Public display of alcoholic beverage brand label packaging is prohibited. All beverages should be in a cup. The use of plastic containers is encouraged for the consumption of all beverages. Glass containers are prohibited in all tailgating areas. No games of entertainment that use alcohol or implements, which encourage excessive alcohol consumption, will be permitted.
4.3 The chancellor's cabinet, in consultation with campus police, will designate approved tailgating areas. The consumption of alcoholic beverages inside the stadium is strictly prohibited.
4.4 The Athletic Department is responsible for posting signs that communicate the campus alcohol policy in designated tailgating parking lots.
4.5 All tailgaters are responsible for the proper disposal of their trash and other debris. UNCP Facilities Operations will provide trash containers in tailgating areas and will periodically pick-up trash during tailgating hours. Containers will be provided for the disposal of hot coals. For safety purposes, glass containers are NOT allowed in tailgating areas.
4.6 Campus police will provide mobile patrol through designated tailgating areas before, during, and after the games. Campus police will be stationed in or nearby designated tailgating areas to enforce state laws for violations that may occur.
4.7 At game time, staff members from the Athletic Department, Braves Club, and Office of Student Affairs will remind all individuals in tailgating areas of the restrictions on alcohol consumption after the game begins. With the assistance of campus police, they will encourage all individuals to leave tailgating areas and move into the stadium at the start of the game.
4.8 Lot 24
4.8.1 Special permits, issued by the Office for Advancement and Athletic Department, are required to park in Lot 24 during home football games. The Office for Advancement, Braves Club, and the Athletic Department will provide personnel to control access to tailgating areas in Lot 24. Representatives from the Office for Advancement will provide information on the university's alcohol policy and state laws governing alcohol consumption to individuals in Lot 24. Access to restroom facilities for persons participating in tailgating activities in Lot 24 is the responsibility of the Athletic Department, Office for Advancement, and the Braves Club.
4.9 Lot 14
4.9.1 Parking Lot 14 is a paid parking lot. The Athletic Department will assist in directing cars in this lot and will carry police radios so they may be summoned to assist with problems that involve tailgating in Lot 14. The Department of Athletics will provide information on the
university's alcohol policy and state laws governing alcohol consumption to individuals in Lot 14. Persons wishing to drink alcohol in Lot 14 must be issued an age identification bracelet. Access to restroom facilities is available in Lot 14. Beginning fifteen-to-thirty minutes before game time, campus police will patrol Lot 14 to enforce the alcohol policy and state laws as necessary.
4.10 UNCP reserves the right to amend this policy at any time and for any reason with appropriate notice, including closing any parking lots, and to place additional restrictions or conditions on persons entering areas where tailgating is allowed.
The University of North Carolina at Pembroke (UNCP) is dedicated to maintaining a healthy work and learning environment. UNCP values the individual rights as well as the well-being of all its faculty, staff, and students. On occasion a conflict arises between personal rights and community interests. Smoking is such an issue of contention.
North Carolina law, enacted July 1, 2007, allows universities to regulate smoking at properties owned or leased by a state university. The majority of buildings on UNCP's campus have been smoke free for several years. This policy will now expand to include State owned vehicles, all State owned buildings and their 100 foot perimeter as part of the non-smoking policy.
Smoking receptacles are being removed from building entrances and will be relocated wherever possible outside the 100 foot perimeter.
This policy applies to all University visitors, students, and employees, including faculty, EPA non-faculty, staff and student employees. It is the responsibility of every member of the University community to conduct himself or herself in compliance with this policy.
The complete policy is available on our Web site at www.uncp.edu/sa/pol_pub/.
1.1 The objective of this Emergency Health and Safety Policy was developed in an attempt to safeguard the welfare of the individual and the community.
2. ADDRESSING BEHAVIOR AND EMERGENCIES
2.1 Occasionally, a student’s health condition manifests itself in such a way that it must be addressed by the university. At times, emergency situations occur that require immediate response and important aftercare. UNC Pembroke’s services to support students may not be equipped to work with students in ongoing crises or who are in need of intensive monitoring for health or psychological reasons. The Emergency Health and Safety (EHS) Committee may meet to determine what role, if any, student support services may need to take to assure the health and safety of a student or the university community. In an appropriate procedural system, there may sometimes be a necessity to make an initial determination without a committee hearing; as the risk of harm increases, so does the need for immediate action. Emergency situations may include:
2.1.a. acute change in physical health;
2.1.b. destructive, threatening, or other disruptive behavior;
2.1.c. drug and alcohol abuse;
2.1.d. eating disorders; and/or,
2.1.e. any health problem that points to possible imminent or foreseeable danger to anyone in the university community.
2.2 In some cases, an emergency situation will result in a hospitalization or the student leaving campus for a period of time. To the extent allowed by law, any UNC Pembroke employee assisting the student with his/her medical emergency, that falls within this policy, shall contact the associate vice chancellor for campus safety and emergency operations or his/her designee. The vice chancellor for student affairs, associate vice chancellor for campus safety and emergency operations, or his/her designee will convene the EHS Committee to determine the student’s transition back into the university community. The EHS Committee is composed of the following members or their designees: associate vice chancellor for campus safety and emergency operations (chair); case manager; university general counsel; associate vice chancellor for academic affairs; associate vice chancellor for student affairs (vice chair); director of counseling and testing; director of student health services; director of disability support services; director of student conduct; and the director of housing and residence life. Depending on the emergency, the associate vice chancellor for campus safety and emergency operations may appoint other advisors to the committee. In these emergency situations, the university reserves the right to do any or all of the following:
2.2.a. consult with and/or refer the student to a healthcare facility or provider (the university’s Counseling and Testing Center, Student Health Services, an area hospital, or a licensed mental health or healthcare professional) for a mental health or other medical evaluation. The cost for any off-campus referral will be at the expense of the student;
2.2.b. medically suspend the student from campus, including on-campus housing, until a full medical evaluation is completed and the documentation of the evaluation is forwarded to the designee assigned by the EHS Committee. The designee will then provide the recommendations from the treating professional to the EHS Committee for approval of the student’s return to campus. Absences for medical reasons are not excused automatically. Students are urged to submit documentation immediately;
2.2.c. require the student to sign appropriate release forms allowing designated staff at UNC Pembroke to consult the clinician(s) serving the student for the purpose of evaluating the student’s ability to function in the university community; and/or
2.2.d. refer the student to the university judicial process if the student’s behavior has violated any rules, policies, or procedures.
2.3 All requirements outlined, in writing, by the EHS Committee will be sent via certified mail to the student’s home/local address, hand delivered, and/or via secured electronic transmission.
3. CAMPUS ASSESSMENT, RESPONSE AND EVALUATION (CARE)
3.1 National trends have shown that mental health issues and alcohol and drug abuse are growing concerns that are better managed with preventive measures and early interventions. Recent high profile instances of violence on college campuses have resulted in enhanced emergency response and intervention mechanisms intended to prevent the occurrence of such events. In light of these issues in higher education, UNCP’S Emergency Health and Safety Committee utilizes a CARE reporting tool to address concerns that arise with individual students.
3.1.1 Students may be identified for review by faculty, staff or other students at the University using the CARE Incident Reporting Form.
3.1.2 If someone believes there is an immediate threat of self-harm or harm to others, they should call campus police at 910-521-6235.
3.1.3. The Office of Student Affairs (specifically the case manager who is a Counseling and Psychological Services (CAPS) staff member) serves as the initial contact. When concerns arise about a student’s behavior or when a member of the community learns of a life change or incident that is affecting a student’s ability to function appropriately or productively in the university environment, either inside or outside the classroom a CARE Incident Reporting Form is the appropriate next step.
3.1.4 The case manager will take the information provided and make a decision about whether the student should be assessed further and by whom.
3.1.5 If the case manager determines the student needs intervention, the student will be contacted to initiate conversations about how to assist the student and assess the level of threat noted.
3.1.6 The case manager will triage CARE reports and share appropriate reports with the EHS if it is determined that a larger scale review or intervention is warranted.
3.1.7 All matters discussed with the case manager through CARE reporting are regarded as highly confidential.
3.1.8 The case manager can comment on specific student matters under specific emergency situations, but primarily serves as a resource in determining general intervention strategies and providing professional mental consultation.
3.1.9 The case manager will document all CARE reports; all intervention plans and assignments for follow up until it is determined by EHS or the case manager that the case is closed.
3.1.10 What to report to CARE.
3.1.11 Typical classroom issues which should be reported include: multiple class absences; pattern of lateness to class or with assignments; lack of responsiveness in class; disturbing personal disclosures in class assignments. These issues should be reported initially to the Center for Academic Excellence as part of their Hawk Alert Program using the Hawk Alert Form or by calling 910-521-6625.
3.1.12 Typical outside classroom issues which should be reported to CARE include: socially inappropriate behavior; suspicion of alcohol or drug abuse; significant health concerns that interfere with daily functioning; disclosure of significant family or relationship issues; signs of a lack of connection or integration in the University community; or sudden, alarming changes in behavior. These issues should be reported using the CARE Incident Reporting Form or contact the CARE case manager at 910-521-6202.
4. INVOLVING ESSENTIAL PARTIES
4.1 In some circumstances, UNC Pembroke may notify the parents of the student and appropriate university officials, including academic deans and faculty, due to the potentially serious nature of the situation.
5. RETURNING TO CAMPUS AFTER TREATMENT
5.1 A student who has been hospitalized or has left the campus due to a health emergency that falls within this policy may be allowed to return to the university (and/or campus housing) if he/she agrees to take steps that will satisfy the EHS Committee’s concern that a health emergency no longer exists and that a treatment plan for continuing good health is in place.
5.2 Prior to returning to campus, the student may be required to meet with the EHS Committee’s designated healthcare professional following release from a healthcare facility for a medical emergency. The student may be required to provide the designated healthcare professional with any results of medical assessments that were made or requested by the EHS Committee, and any other supporting documentation, which provides the current clinician’s assessment of the student’s ability to return to the university as a fully functional citizen.
5.3 The healthcare professional will assess information provided and make a recommendation to the EHS Committee. The EHS Committee reserves the right to make a determination as to whether or not the student will be permitted to return to campus. The EHS Committee will assess whether the student can be provided UNC Pembroke services as a means of support to permit his/her participation in classes, educational programs, and activities, without causing an undue hardship or presenting a direct threat to the health or safety of other members of the university community.
5.4 Where applicable, approval of the student’s return to campus includes on-campus housing. The student’s on-campus housing status may be revoked if the student’s behavior is found to be a severe disruption to the community, in violation of UNC Pembroke housing regulations, or the University Code of Conduct.
5.5 The university reserves the right to require the student to comply with a university-monitored treatment plan, recommended by a licensed health care professional, as a condition of returning to the campus community. Review and/or follow-up on the student’s required treatment plan may be assigned to a university designee selected by the EHS Committee.
5.6 Upon submission to and evaluation of requested documents by the EHS Committee, the student has the right to appear before and be heard by the EHS Committee in person. This is subject to any limitations that may be needed, as reflected in the treatment documents. If the student wishes to appear for a hearing before the EHS Committee, he/she would have forty-eight (48) hours from the date of written notification of EHS Committee involvement.
5.7 The EHS Committee can decide to medically withdraw a student. Any student who does not follow through with the assessment process, from the initial meeting through the recommendations given, may be administratively withdrawn from classes and be required to leave the campus immediately.
6. MEDICAL SUSPENSION
6.1 A medical suspension is a temporary time period that a student is suspended from attending all classes. A suspension may occur upon hospitalization or during a medical evaluation period. Students who are medically suspended for any health reasons may not participate in any university activities, attend classes, reside or visit on-campus student housing, and may not come on campus except to attend a meeting or hearing related to his/her case. The student must leave campus immediately at the end of the meeting or hearing. Persons who schedule a meeting with such a student shall notify the campus police, in advance, of the time and place of the meeting. If a student is in need of personal items from his/her residential room and cannot personally return to campus, the student’s designated person may assist in obtaining the items. Once medically suspended, a student must be reviewed by the EHS Committee to lift the suspension or proceed with a medical withdrawal.
7. MEDICAL WITHDRAWALS
7.1 Medical withdrawals may be given for students who are judged to be incapable of functioning adequately as a student (i.e., experiencing health problems of such severity that there is need for immediate treatment or care that is beyond the scope of what may be provided at the university). The student is subject to the refund policy as stated in the UNC Pembroke Student Handbook. If a residential student is unable to officially checkout of student housing, the student’s designee must assist with the checkout procedure.
8. VOLUNTARY MEDICAL WITHDRAWAL
8.1 Any student considering a medical withdrawal should be given a copy of the written criteria. If the student accepts, he/she signs a statement acknowledging that he/she is required to:
8.1.a. remain out of school for a suggested period of time;
8.1.b. agree to receive treatment from a licensed professional who is a specialist (not related to the student) in the area of impairment and who is willing to address the concerns that necessitated the withdrawal;
8.1.c. provide written documentation, on letterhead from the licensed professional, of having undergone professional treatment along with prognosis and recommended treatment plan when requesting to return to UNC Pembroke;
8.1.d. meet with the EHS Committee designee prior to being allowed to return; and,
8.1.e. sign the agreement, which will also be signed by the EHS designee and the vice chancellor for student affairs or his/her designee.
8.2 The student will receive a grade of “W” (withdrawn) for all current semester courses on his/her transcript without any record of having left for medical reasons. Once the statement is signed, the person is no longer considered a student and must immediately leave campus and/or officially checkout of on-campus student housing. The withdrawal form, indicating that the student has been approved for a medical withdrawal, is sent to the UNC Pembroke registrar.
9. INVOLUNTARY MEDICAL WITHDRAWAL
9.1 An involuntary medical withdrawal can be invoked when a student is a danger or exhibits behavior that is severe and disruptive to the community and refuses treatment. The student will be reported to the associate vice chancellor for campus safety and emergency operations, who will convene the EHS Committee. The committee will recommend assessment and/or treatment conditions needed to establish protocol for the student’s clearance to reapply to UNC Pembroke.
10. APPEAL PROCESS
10.1 If the EHS Committee mandates the student’s medical withdrawal or imposes conditions on his/her remaining enrolled at the university and the student believes that the outcome was unreasonable or that the procedures used were unfair, the student may appeal, in writing, to the vice chancellor for student affairs. Once notified of a change in status, the student has one business day to submit his/her appeal. The vice chancellor for student affairs (or his/her designee) will respond, in writing, to the student’s written appeal within one business day.
11. REAPPLICATION PROCESS
11.1 A former student who has been medically withdrawn under this policy and wishes to return must follow the university procedures for readmission. The student must adhere to all recommendations established by the Emergency Health and Safety Committee.
12. EHS COMMITTEE PROCEDURES FOR RETURNING TO UNC PEMBROKE
12.1 The EHS’s procedures for returning to UNC Pembroke are as follows:
12.1.a. meet with the designated EHS Committee member to assist with a transition and treatment plan;
12.1.b. provide requested information established by the EHS Committee;
12.1.c. comply with the university’s monitored treatment plan (failure to comply may result in administrative withdrawal from the university); and
12.1.d. provide proof of on-going treatment, if required by the committee.
12.2 The EHS designee will recommend when termination of close follow-up is appropriate and seek approval from the committee.
1.1 In order to carry out the university’s responsibility to promote free expression and the exchange of ideas in an atmosphere of mutual respect for the rights of those who wish to speak, those who wish to hear, and those who wish to protest against the ideas expressed, The University of North Carolina at Pembroke has developed the standards for conduct at events and guidelines for facility use and reservations.
2. PRINCIPLE OF NEUTRALITY
2.1 The standards set forth in this policy are intended to be content neutral and shall be applied without regard to the content of the speech.
3.1 The sponsor(s) of the event is the individual or group with primary responsibility for
planning and executing the event. The sponsor may be the university itself, an individual or group within the university community, or an off-campus group.
4. FREE SPEECH ASSEMBLY RESERVATION PROCEDURES
4.1 Outdoor Facilities
4.1.1 The following areas may be used for outside speech events at UNCP by university affiliated or unaffiliated groups or individuals: (Maps are available for outdoor speech events. Contact the office of student affairs for more information.)
4.1.1.a. Tommy Statue near University Center Lawn; and
4.1.1.b. Plaza near water feature at Faculty Row.
4.1.2 Locations may not be available during exam periods if expected noise level is determined to be objectively disruptive to the educational environment.
4.1.3 If an identified speech event area is closed by the university for an extended period, the vice chancellor for student affairs will identify an alternative site. Reservations to use outdoor facilities should be made twenty-four (24) hours in advance by contacting the Office of the Vice Chancellor for Student Affairs. Individuals and groups affiliated with the university will be allowed to use the designated facilities with less notice if the vice chancellor for student affairs determines that the proposed use with notice of less than twenty-four hours would not be, to a reasonable person, objectively disruptive to the educational environment or the university’s operations. Equipment (i.e. tables, chairs, etc.) and technical requests (i.e. microphone, sound system, etc.) will require a forty-eight (48) hour notice to allow Facilities Operations time to set up.
4.2 Indoor. UNCP meeting rooms may be reserved for speech events. Sponsors must follow facility use policy and guidelines. An advance notice of four (4) work days for university affiliated groups or individuals and seven (7) work days for groups or individuals unaffiliated with the university is required.
4.3 The sponsor(s) must use the online Facilities Reservation System and abide by all rules and regulations outlined in this policy.
5. DISSENT OR PROTEST IN CONNECTION WITH SPEECH EVENTS
5.1 Rights. The right to dissent is the complement of the right to speak, but these rights need not occupy the same forum at the same time. The speaker is entitled to communicate his/her message to the audience during her/his allotted time, and the audience is entitled to hear the message and see the speaker during that time. The dissenter must not substantially interfere with the speaker’s ability to communicate or the audience’s ability to hear and see the speaker. It is also unacceptable for such dissent to interfere with the free flow of traffic into or out of the event or to interfere substantially with the speaker’s communication.
5.2 Some examples of dissent. The following guidelines, which are neither comprehensive nor absolute, suggest the limits of acceptable dissent.
5.2.1 Picketing, literature. Picketing in an orderly way or distributing literature outside the speech event is acceptable unless it interferes with the free flow of traffic into or out of the meeting. Distributing literature is acceptable inside an event before the event is called to order or after the meeting is adjourned. The sponsor(s) and dissenters are required to clean up debris immediately after the event (e.g. brochures, signs, flyers, chalk, etc.).
5.2.2 Silent or symbolic protest. Displaying a sign, wearing clothing symbolic of particular ideas, gesturing, standing, or otherwise protesting noiselessly is acceptable unless such action
substantially interferes with the audience’s view or hearing of the speaker. The first effort in dealing with interference should be to ask the protestors to move to the side or back of the room.
5.2.3 Noise. Responding vocally to the speaker, chanting, or making other sustained or repeated noise, spontaneously and temporarily, is acceptable, especially if reaction against the speaker is similar in kind and degree to reaction in his or her favor. If noise, whether in support of or in opposition to the speaker, substantially interferes with the speaker’s ability to speak or with the audience’s ability to hear the speaker, a first warning should be expressed to those responsible explaining that continued disruptive interference could lead to expulsion from the meeting.
5.2.4 At no time should the speech event interfere with the educational services provided at UNC Pembroke. Free speech events scheduled during exam weeks will be designated by the vice chancellor for student affairs on a semester by semester basis. Speech event participants must not block entrances into facilities. A distance of at least 10 feet must be maintained
between speech event participants and building entrances. All participants are required to adhere to N.C.G.S.14-132 - Disorderly conduct in and injuries to public buildings and facilities.
5.2.5 Force or violence. Physical force or violence against another person, threatening to use physical force or violence against another person, or intentionally restraining another’s freedom of movement, are never permitted and are serious violations of personal rights. A personal space clearance of a least five feet is required between the speaker and the dissenting members of the audience during any event. Law enforcement authorities may use force consistent with the rules of law and to restore order.
5.3 The speaker’s responsibility. The speaker must respect the right to dissent. The speaker may continue with the speech even through picketing, silent or symbolic protest, or noise as discussed in 5.2.1, 5.2.2, and 5.2.3.
5.4 The audience’s responsibility. The audience must respect the right to dissent. A member of the audience or the sponsoring organization who substantially interferes with acceptable dissent is violating these guidelines, to the same extent as the dissenter who violates the rights of the speaker or audience, and may be asked to leave by campus police.
6. SECURITY AT SPEECH EVENTS
6.1 When space is reserved for a speech event, the vice chancellor for student affairs, regardless of sponsorship, shall determine whether the protection of free speech at an open event requires measures to provide beyond normal security.
6.2 Upon making a determination that security measures are required, the chancellor or his designee, acting through the UNCP Office of Police and Public Safety, will have and will exercise the responsibility to determine the nature and extent of security measures required.
6.3 When the speech is closed, the sponsoring organization will ordinarily be responsible for funding extraordinary security measures required by the university.
7. SANCTIONS FOR VIOLATORS
7.1 Violation of the free speech rights of any person, as described in this policy, will be treated as a violation of university policy. Violators may be subject to one or more of the following university sanctions:
7.1.a. expulsion from the meeting or event;
7.1.b. disciplinary proceedings under the UNC Pembroke Code of Conduct such as disruptive, endangering, or threatening behavior, etc. described in the Student Handbook;
7.1.c. disciplinary procedures for faculty and staff as described by human resources guidelines; and
7.1.d. in addition, behavior that constitutes a violation of law may result in arrest and criminal prosecution.
Any person who is under the lawful age to purchase and who aids or abets another in violation of this law shall be guilty of a misdemeanor punishable by a fine up to $500 or imprisonment for not more than six months, or both, in the discretion of the court. Any person who is over the lawful age to purchase and who aids or abets a person under the lawful age to purchase shall be guilty of a misdemeanor punishable by a fine of up to $2,000 or imprisonment for not more than two years, or both, in the discretion of the court. It shall be unlawful for any person to obtain or attempt to obtain alcoholic beverages by using or attempting to use: (1) a fraudulent or altered driver's license; or (2) fraudulent documents other than a driver's license; or (3) a driver's license issued to another person; or (4) an identification document other than a driver's license issued to another person. Upon receipt of a conviction report, the Division of Motor Vehicles shall revoke the person's driver's license as required by G.S. 20-17.3.
The North Carolina General Statute (14-35) defines hazing as follows: "to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group." A student convicted of engaging or abetting in the commission of such an offense may be subject to punishment by a fine of $1,000, imprisonment for a maximum period of between 30 and 60 days, or both such a fine and imprisonment. The institution may expel a student convicted under this statute regardless of and in addition to any criminal penalty imposed by the court. Organizations whose members are convicted of hazing should be mindful of possible administrative action against the organization by the University; the appropriate question in such situations would be whether the organization can and should be held responsible for the conduct of its members, with the possible consequence that sanctions would be taken against the organization, e.g., withdrawal of University recognition, banning from campus, etc.
Policy of the Board of Governors of The UNC Concerning Improper Relationships Between Students and Employees
The University of North Carolina does not condone amorous relationships between students and employees. Members of the University community should avoid such liaisons, which can harm affected students and damage the integrity of the academic enterprise. Further, sexual relationships between unmarried persons can result in criminal liability. In two types of
situations, University prohibition and punishment of amorous relationships is deemed necessary: (1) when the employee is responsible for evaluating or supervising the affected student; and (2) when the student is a minor, as defined by North Carolina law. The following policies shall apply to all employees and students of the sixteen constituent institutions.
A. Prohibited Conduct
1. It is misconduct, subject to disciplinary action, for a University employee, incident to any instructional, research, administrative, or other University employment responsibility or authority, to evaluate or supervise any enrolled student of the institution with whom he or she has an amorous relationship or to whom he or she is related by blood, law, or marriage.
2. It is misconduct, subject to disciplinary action, for a University employee to engage in sexual activity with any enrolled student of the institution, other than his or her spouse, who is a minor below the age of 18 years.
B. Definition of Terms
1. "Amorous relationship." An amorous relationship exists when, without the
benefit of marriage, two persons as consenting partners (a) have a sexual union or (b) engage in a romantic partnering or courtship that may or may not have been consummated
2. "Related by blood, law or marriage" means:
a. Parent and child
b. Brother and sister
c. Grandparent and grandchild
d. Aunt and/or uncle and niece and/or nephew
e. First cousins
f. Stepparent and stepchild
g. Husband and wife
h. Parents-in-law and children-in-law
i. Brothers-in-law and sisters-in-law
j. Guardian and ward
3. "Evaluate or supervise" means:
a. To assess, determine or influence (1) one's academic performance, progress or potential or (2) one's entitlement to or eligibility for any institutionally conferred right, benefit, or opportunity, or
b. To oversee, manage or direct one's academic or other institutionally prescribed activities.
C. Corrective Action
Violations of the provisions of Section A shall be addressed in accordance with remedial measures prescribed by each constituent institution; if disciplinary action is brought against an affected employee, it shall be conducted in accordance with existing institutional policies and procedures prescribed for prosecuting misconduct charges against members of the class of employment of which the affected employee is a member.
1.1 The University of North Carolina at Pembroke affirms its desire to maintain a work environment for all employees and an academic environment for all faculty and students that is free from all forms of harassment and discrimination. UNCP wishes to maintain an
environment which supports and rewards individuals on the basis of such relevant factors as academic ability and work performance. Conduct or action that is based on a person's race, color, creed, national origin, religion, sex, age, disability, or veteran status creating a hostile environment that prevents effective learning or work performance is in opposition to a campus environment free of harassment.
2.1 No student or student group shall engage in conduct, or assist another in the following conduct:
2.1.a. Discrimination on the basis of race, color, ethnicity, national origin, religion, creed, age, disability, honorable service in the armed services of the United States, or sex, except as allowed under Title IX, that impairs or may impair an individual's university working conditions, privileges, or opportunities for university employment, educational opportunities, participation in university-sponsored extracurricular activities, or opportunities to benefit from other aspects of university life. Religious student groups with bona fide religious beliefs that will be contradicted by the group's compliance with this provision should contact the vice chancellor for student affairs to obtain the university's policy regarding requests for exceptions under this provision.
2.1.b. Harassment or intimidation directed toward a particular person or persons that is severe or pervasive and abuses or otherwise unreasonably interferes with another so as to adversely affect their academic pursuits, opportunities for university employment, participation in university-sponsored extracurricular activities, or opportunities to benefit from other aspects of university life.
2.1.c. Threats that involve violation of restraining orders or no-contact orders imposed by government or campus authorities, stalking, or other activities that create a reasonable apprehension of physical or emotional harm to an individual following a request or order to desist.
2.1.d. The face-to-face use of "fighting words" to harass any person or persons on the university campus or other property under university control. "Fighting words" are those personally abusive epithets which, when directly addressed to any ordinary person, are in the context used and as a matter of common knowledge, inherently likely to provoke an immediate and violent reaction, whether or not they actually do so.
2.2 Students violating this policy may be subject to disciplinary action up to and including dismissal.
3. TO REPORT VIOLATIONS
3.1 Students experiencing harassment as described herein should contact campus police or provide a written statement to the vice chancellor for student affairs. Complaints against UNCP students will be governed by the procedures stated in Chapter IV., Rights & Responsibilities. Student complaints against UNCP faculty or staff will be governed by the procedures stated in the Student Grievance Policy.
3.2 Members of the university community are prohibited from acts of retaliation against individuals who bring complaints or are involved as witnesses in any action connected with this policy.
4. SPECIFIC PROHIBITIONS AGAINST DISCRIMINATION AT UNCP
4.1 Sex. As required by Title IX of the Education Amendments of 1972, UNCP does not discriminate on the basis of sex in the educational programs and activities it operates except in the manner and to the degree allowed by Title IX. This protection against discrimination extends but is not limited to employment with and admission as a student to UNCP. Inquiries about and complaints of any violation of Title IX may be directed to the director of human resources for UNCP, who is designated by UNCP to coordinate and carry out its responsibilities under Title IX and related regulations, either directly or through a designee. Inquiries and complaints regarding violation of Title IX with regard to athletics at UNCP may also be directed to the Department of Athletics senior woman's administrator.
4.2 Disability. As and to the extent required by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, UNCP does not discriminate on the basis of disability in the educational programs and other activities it operates. Inquiries about and complaints of any violation of Section 504 or Title II by students may be directed to the director of disability support services for UNCP, who is designated by UNCP to coordinate and carry out its responsibilities under Section 504, Title II, and related regulations, either directly or through a designee.
4.3 Complaints and Grievance Processes. Complaints by students alleging violations of Title IX of the Education Amendments of 1972 will be handled through the Student Grievance Policy if no other grievance process (e.g., the Sexual Assault Policy, Student Handbook) is more directly applicable as determined by the director of human resources.
4.4 The director of human resources can be contacted at Department of Human Resources, Room 347, Lumbee Hall, UNC Pembroke, One University Drive, Pembroke, NC 28372,telephone 910-521-6279. The senior woman's administrator can be contacted at Department of Athletics, Room 1182, Jones Health and Physical Education Center, One University Drive, Pembroke, NC 28372, telephone 910-521-6809.
4.5 Complaints by students alleging violations of Section 504 and or Title II will be handled through the Disabled Student Grievance Policy, which is available from the director of disability support services, if no other grievance process is more directly applicable as determined by the director of disability support services. The director of disability support services can be contacted at Disability Support Services, Room 111, D.F. Lowry Building, UNC Pembroke, One University Drive, Pembroke, NC 28372, telephone 910-521-6890.
1.1 The University of North Carolina at Pembroke has zero-tolerance for sexual assault and sex offenses committed against students, employees, visitors to the campus, and other persons who use university facilities. The University of North Carolina at Pembroke is committed to the prevention of sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses.
2. SEXUAL ASSAULT, SEXUAL MISCONDUCT, SEXUAL EXPLOITATION, AND OTHER SEXUAL OFFENCES
2.1 The University of North Carolina at Pembroke publishes an annual report of campus crimes, including sexual assault, as is required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. This landmark federal law, originally known as the Campus Security Act, requires colleges and universities across the United States to disclose information about crime on and around their campuses.
3.1 Sexual assault may include any involuntary sexual act in which a person is threatened, coerced, or forced to engage in against his or her will or while temporarily or permanently incapacitated. Sexual assault may be committed by a stranger or by a person known by the victim.
3.2 Acts defined as sexual assault include rape, date rape, acquaintance rape, and gang rape, but may also include sexual touching of another person against his or her will or without consent, and forcing an unwilling person to touch another person sexually.
3.3 Sexual assault occurs when sexual acts are committed either without consent, by force, threat, or intimidation, or through the use of the victim's mental or physical helplessness, of which the assailant was aware or should have been aware.
3.4 Sexual misconduct may include any attempted or actual act of non-consensual or forcible sexual touching. This would include, but is not limited to, fondling, kissing, groping, attempted intercourse (whether oral, anal or genital), or attempted penetration with a digit or any other object.
3.5 Sexual exploitation is taking non-consensual, unjust, or abusive sexual advantage of another for one's own advantage or benefit; or to benefit or advantage anyone other than the one being exploited; and, that behavior does not otherwise constitute rape, sexual assault, or sexual harassment.
3.6 Examples of sexual exploitation include, but are not limited to: prostituting another student, non-consensual video or audio taping of sexual activity, going beyond the boundaries of consent (such as letting friends surreptitiously watch you having consensual sex or unauthorized distribution of photos or other materials of a sexual nature), engaging in voyeurism, and inducing incapacitation with the intent to rape or sexually assault another person or with the intent to create opportunity for a third party to rape or sexually assault another person.
3.7 Other sexual offenses may include obscene or indecent behavior, which includes, but is not limited to, exposure of one's sexual organs without physically contacting the victim; or the display of sexual behavior that would reasonably be offensive to others.
4. IDENTIFYING DRUG FACILITATED SEXUAL ASSAULT
4.1 Nationwide there has been an increase of drug related sexual assaults. Rohypnol and GHB are perhaps the most widely publicized. Due to the accessibility of these drugs and others, it is essential for those parties involved to consider a full range of drugs that have sedative or hypnotic effects and not to focus on detecting a single drug. Drugs used to facilitate rape generally produce an anesthesia like effect, rendering victims unconscious or unable to give consent. Depending on the type of drug administered, the victim of a drug-facilitated sexual assault may exhibit signs of memory loss, dizziness, confusion, drowsiness, or a variety of other symptoms. The victim may be unable to provide a complete account of the assault or of the events surrounding it. Due to the memory loss, there might be a delay in the reporting of the sexual assault. UNCP should view such delays as a natural consequence of the crime and do not allow reporting delays to discourage comprehensive and creative responses,
including investigation. Even though it may be impossible to detect the drug used to facilitate the rape, it may still be possible to prosecute successfully - especially if investigators identify additional victims of the same rapist. There needs to be immediate arrangements made for drug testing. Call either the campus police and/or Southeastern Regional Medical Center to make arrangements for testing.
5. RESPONSIBILITY TO REPORT
5.1 Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced, witnessed, or has knowledge of a sexual assault, sexual misconduct, or other sexual offenses may report the assault immediately to The University of North Carolina at Pembroke Campus Police. If the assault occurred outside the jurisdiction of the university police, they will assist in reporting it to the proper authorities.
5.2 Sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses may also be reported to the Pembroke Police Department, if it occurred within city limits, or to the police of another municipality if the assault occurred within another township or city that has a police force. It may be reported to the Robeson County Sheriff's Department if it occurred outside city limits but within the county. Sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses may also be reported to the Robeson County Rape Crisis Center.
5.3 The university community encourages the reporting of conduct code violations and crimes by victims. Sometimes, victims are hesitant to report to university officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as
possible choose to report to university officials. To encourage reporting, the university pursues a policy of offering victims and witnesses/bystanders to crimes amnesty from policy violations related to the incident.
5.4 The welfare of students in our community is of paramount importance. Students both on and off-campus may need assistance. The university encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, a student who has been drinking underage might hesitate to help take a sexual misconduct victim to the campus police). The university pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the university will provide educational options, rather than punishment, to those who offer their assistance to others in need.
6. PRESERVING EVIDENCE
6.1 It is important that evidence of sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses be preserved, because it may be needed for prosecuting the criminal case. Complainants and others should not alter the scene of attack. The complainant should not change clothes, bathe, shower, douche, drink or eat anything if possible, or brush her/his teeth before reporting the assault. Any items worn by the complainant during the assault, but are not currently being worn, and any materials encountered during the assault (i.e. bed sheets, blankets, etc.) should be placed in a brown paper bag and brought along with the complainant to a local hospital emergency department that has kits to collect and preserve evidence of rape and sexual assault.
7. AVAILABILITY OF COUNSELING AND ADVOCACY
7.1 Counseling and other mental health services for victims of sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses are available on campus and in the community. Students may use the Counseling Center at The University of North Carolina at Pembroke. Employees of the university may seek a one-time consultation for referral from the Counseling Center or contact the EAP through Human Resources.
7.2 Robeson County Rape Crisis may also assist with making referrals for individual counseling and support groups. Rape Crisis may also assist victims with identifying non-counseling campus and community resources that may be of additional help and serve as a victim advocate upon request. Phone: The 24hr. crisis and administrative line is 910-739-6278, Address: Rape Crisis Center of Robeson County, 212 North Chestnut Street, Lumberton, NC 28358.
8. EDUCATION AND AWARENESS PROGRAMS
8.1 The Student Health Center and the Counseling and Testing Center are responsible for planning and coordinating campus education and awareness programs about all forms of sexual assault, including rape, acquaintance rape, and other sex offenses. Programs are presented regularly throughout the academic year in residence halls, academic classes, and for other student organizations and settings that are likely to reach people throughout the campus community. Campus-wide education and awareness activities are also conducted during Sexual Assault Prevention and Awareness Week. The Rape Aggression Defense (RAD) course is available to all students and is offered as a 1 credit hour course.
9. UNIVERSITY JUDICIAL SYSTEM AND CODE OF CONDUCT
9.1 When appropriate and regardless of whether the respondent is criminally prosecuted, The University of North Carolina at Pembroke Police Department or any member of the university community may refer allegations of sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses to the Office of Student Conduct for adjudication through the university hearing and appeals system. This system provides a just and equitable process for dealing with alleged infractions by students of university rules, regulations, or laws. The system is informal and is intended to educate students, to help them make responsible decisions, and to be accountable for their actions.
9.2 A UNCP student who has been victimized by sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses may seek redress through the campus judicial system if the respondent is also an enrolled student at The University of North Carolina at Pembroke. Such redress may be in conjunction with or in place of pressing charges in the court system. In order to charge a student for sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses within the university hearing and appeal system, the victim should report the offense to the director of student conduct or his/her designee. Once the report is made, an investigation will be initiated by the director of student conduct or his/her designee. The Campus Judicial Board (CJB) will be convened in cases where the respondent denies the charges.
9.3 The respondent(s) and the complainant(s) may have a non-participating friend/advisor from the campus community present with them throughout the hearing process and may present witnesses on their behalf. If a student is charged with conduct that may subject him or her to criminal prosecution, that student may have as his or her advisor an attorney who may be present, but cannot actively participate in any hearing or appeal except to consult with his or her client.
9.4 The penalty for a student found guilty of sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses will at minimum be conditional probation, with the maximum penalty being suspension or expulsion from the institution. In the most severe cases involving forced rape and/or physical injury involving a weapon, the penalty will be expulsion. The severity of the offense and the potential for subsequent harm to the complainant/survivor or the community at large weigh heavily in the determination of what sanctions are imposed in such cases. The complainant's identity and all information concerning the offense are held in strict confidence by hearing authorities under the guidelines of FERPA. However, the university cannot guarantee confidentiality. Both the accuser and the person respondent shall be informed in writing of the outcome of any campus judicial proceeding or grievance procedure in which sexual assault is alleged.
10. CAMPUS JUDICIAL BOARD (CJB) AND ADMINISTRATIVE HEARINGS
10.1 The Campus Judicial Board (CJB) and administrative hearings will follow the procedures outlined in Chapter IV., Rights and Responsibilities. The following additional procedures and rights will be afforded students for cases involving charges of sexual assault, sexual misconduct, sexual harassment, sexual exploitation, and other sexual offenses:
10.1.a. The respondent will have a pre-hearing interview with the director of student conduct or designee and the complainant will be offered the opportunity to have a pre-hearing meeting with the director of student conduct or designee.
10.1.b. Both the complainant and the respondent will have the opportunity to review all statements submitted for consideration by the Campus Judicial Board.
10.1.c. If the complainant has requested to have his/her identity remain confidential, any documents provided to the respondent will have any identifying information.
10.1.d. Complainants who wish to have their identity remain confidential will be notified that the university may have a limited ability to respond to the alleged charges.
10.1.e. After an appropriate review of the case, the university will inform the student if it is not possible to ensure confidentiality.
10.1.f. During a Campus Judicial Board hearing, both the complainant and the respondent will be permitted to question the testimony of the other. All questions will be posed to the chair of the Campus Judicial Board and if the question is relevant and proper the chair will echo the question to be answered.
10.1.g. The complainant may request that a screen, or similar device, be used in the hearing room to visually separate him/her from the respondent.
10.1.h. Both the complainant and the respondent will have the right to appeal cases involving violations of a sexual nature.
10.2 The complainant and respondent will follow the established policy for appeals of a Campus Judicial Board or administrative hearing case. In addition, the grounds for appeal in cases involving sexual offenses are listed below:
10.2.1.a. an alleged violation of the rights guaranteed the accused has occurred;
10.2.1.b. the sanction is too severe for the violation; or,
10.2.1.c. new evidence has developed which has bearing on the outcome.
10.2.2.a. an alleged violation of the rights guaranteed the complainant has occurred;
10.2.2.b. the sanction did not represent the severity of the violation committed; or,
10.2.2.c. new evidence has developed which has bearing on the outcome.
10.3 The complainant and/or respondent may appeal a decision by the Campus Judicial Board or administrative hearing officer to the Campus Appeals Board (CAB) using the grounds for appeal listed above. Following any appeal by the complainant and/or respondent to the CAB, the complainant and/or respondent may appeal to the vice chancellor for student affairs using the grounds listed above. The decision of the vice chancellor for student affairs will be final and no additional appeals may be filed.
10.4 Both the complainant and the respondent will be simultaneously notified of the outcome of the hearing and any subsequent appeal hearings.
10.5 Prior to, during or following the Campus Judicial Board hearing or administrative hearing, interim measures may be initiated by the university to minimize the impact on the complainant. These interim measures may include, but are NOT limited to: no contact order, housing relocation, reassignment of academic schedule, and interim suspension. When an interim suspension is imposed, a hearing of the charges against the suspended person(s) shall be held as expeditiously as possible.
11. TRAINING FOR CAMPUS JUDICIAL BOARD (CJB)
11.1 All members of the CJB should receive specific training about sexual assault, sexual misconduct, sexual exploitation, and other sexual offenses prior to hearing sexual assault cases. Training should include, but not be limited to: review of student code of conduct; review of legal definitions of sexual assault, sexual misconduct, sexual exploitation, and other sexual crimes; information refuting myths about sexual assault, sexual misconduct, sexual exploitation, and other sexual offenses; training on issues of consent and coercion; information about judging credibility including that a complainant's use of alcohol does not mean that s/he is lying about the assault; and, information about appropriate sanctions such as expulsion. The training can be provided either from internal or external sources. Training should happen on an annual basis.
12. ACCOMMODATION/CHANGE OPTIONS
12.1 Complainants of sexual assault, sexual misconduct, sexual exploitation, and other sexual offenses may receive assistance in making reasonable changes in their work, academic, or living situations. Students may request assistance in changing their living situations from the student housing department. A room change will be approved if alternative space exists. The student may also request a lock change if the assailant had knowledge or previous access. The complainant may also file a request form in the Registrar's Office to remove his/her directory information from public access.
12.2 A complainant of a sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses may also request the associate vice chancellor for academic affairs to change his/her class schedule to avoid contact with the respondent. Such requests will be honored when multiple sections of classes are available. Staff may request assistance in changing their work situations from their supervisors, work-study, graduate assistantship office, or Human Resources. Requests for such changes will be considered on the basis of their appropriateness and whether the requested change is reasonably available. Every effort will be made by the university to make the complainant feel cared for and safe.
13. RIGHTS OF RESPONDENTS
13.1 Any student enrolled at UNCP who is accused of sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses, will be afforded full procedural due process in the
investigation and adjudication of his/her case. This shall include the right to the presumption of innocence until proven guilty and the privilege against self-incrimination.
14. RESIDENTIAL STAFF
14.1 A member of campus residential staff, such as resident assistants, hall directors, and resident administrators, is often the first to come in contact with a complainant of sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses. Therefore, it is important that all staff members receive training on how to respond to complainants of sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses.
14.2 Training should include, but not be limited to: review of student code of conduct; review of legal definitions of sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses; information refuting myths about sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses; training on issues of consent and coercion; information about judging credibility including a complainant's use of alcohol does not mean that s/he is lying about the assault; and, information about appropriate sanctions resulting from a sexual assault.
14.3 Training should also include on-campus and off-campus resources and referrals and information about maintaining confidentiality and appropriate reporting requirements. These trainings can be provided either from internal or external sources. Training should happen on an annual basis. It should be made clear to all residential staff how reports will be made.
Complainants' confidentiality should be respected at all times with no information that identifies the complainant being reported without his/her consent. Residential assistants have the responsibility to ensure safety whenever possible in the residence halls. Part of that responsibility is providing supports and information to our students. While it is not a
mandate that our students use these supports, RAs must be skilled in providing such information or referrals whenever appropriate. RAs are required to report sexual assault, sexual misconduct, sexual exploitation, or other sexual offenses as per the Campus Security Act of 1998 (Clery Act). All reports should be made to the resident administrator who then reports to the associate director of residence life who will notify campus police.
15. STUDENT HEALTH SERVICES
15.1 At this time UNCP's Student Health Center does not have Sexual Assault Nurse Examiners (SANEs) on staff. If a student comes into the Student Health Center who has been sexually assaulted, the nurse on duty will assess the situation and refer to Southeastern Regional Medical Center for a full rape evaluation as needed. Follow-up services may be provided through student health services if necessary.
16. INTERPERSONAL VIOLENCE/SEXUAL ASSAULT RESPONSE TEAM (IV-SART)
16.1 The Interpersonal Violence/Sexual Assault Response Team (IV-SART) consists of departments who serve as responsive resources for faculty and staff on campus, as supportive liaisons and advocates for students as they seek campus and community services, and/or legal intervention after an assault. The IV-SART provides assistance to victims of sexual assault, harassment, dating violence, and stalking. Assistance includes counseling, advocacy, medical care, and resource referrals to both the Rape Crisis Center and Southeastern Family Violence Center. Upon contact with a victim, IV-SART members will:
16.1.a. provide a safe place to be heard, where an individual will not be judged;
16.1.b. offer information about resources that the victim might use to address personal, medical, psychological, and safety concerns related to the incident;
16.1.c. provide guidance on procedures to be followed and resources to be contacted;
16.1.d. offer to make initial contacts with resource providers and to introduce the victim to appropriate contact people, both on and off campus, if the victim prefers;
16.1.e. serve as a liaison with other members of IV-SART who may share more extensive knowledge of particular resources for the victim; and,
16.1.f. work to ensure a coordinated, timely, and appropriate support system.
16.2 The Interpersonal Violence/Sexual Assault Response Team evaluates the UNC Pembroke campus climate regarding violence/sexual assault and makes recommendations regarding procedures for prevention, reporting, discipline, and support. The committee will foster a climate that minimizes sexual assault and interpersonal violence incidents, which impact the UNC Pembroke community and promote a supportive environment where complainants and respondents are treated according to established campus policies. UNC Pembroke strives to create a climate that encourages complainants to report incidents of violence without fear; establish sexual assault prevention training and awareness programs to educate students; offer sensitive and comprehensive treatment to restore complainants' health and wellbeing; help leaders understand their roles and responsibilities regarding response to sexual assault complainants, thoroughly investigate allegations of sexual assault, and take appropriate
administrative and disciplinary action; and, conduct sensitivity training for members of the interpersonal violence/sexual assault response team, so that re-victimization is minimized, to train advocates to assist victim/survivors with crisis intervention and to reduce complainants' stress resulting from assault. The IV-SART works closely with existing community resources to maximize utilization of service. IV-SART assists students in being referred to the Robeson County Rape Crisis Center as well as Southeastern Family Violence Center when hospital transport and additional advocacy services are needed. IV-SART will rely on these existing resources to continue their current work of advocacy in the event of an assault. IV-SART also utilizes existing therapeutic services at UNCP's Counseling and Testing Center to refer all victims for appropriate counseling.
16.3 Members of the IV-SART team will include: director of student health services; director of counseling and testing; representative(s) from campus police; director, international students; outreach coordinator; director of student conduct; vice chancellor for student affairs or designee; associate vice chancellor for campus safety and emergency operations; and, the director of human resources and various other faculty and staff members willing to be trained to provide victim response.
1.1 Sexual harassment is any unwelcome physical or verbal conduct of a sexual nature which interferes with another's ability to receive an education or work. Harassment on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 (amended in 1972). It is further interpreted to be a form of sex discrimination prohibited by North Carolina General Statute §126-16 and Title IX - Education Amendments of 1972. Title VII is enforced by the U.S. Equal Employment Commission and Title IX is enforced by the Office for Civil Rights in the U.S. Department of Education. Consequently, The University of North Carolina at Pembroke will not tolerate sexual harassment of its students, faculty, or employees.
1.2 Sexual harassment at UNCP will be grounds for disciplinary action up to, and including, termination of employment or student status.
2. HARASSING BEHAVIORS
2.1 The following actions may be considered sexually harassing behavior:
2.1.a. unwanted sexual advances, propositions, or questions;
2.1.b. unwelcome touching of a person's body or clothing;
2.1.c. public displays of sexually demeaning objects, photographs, posters, or cartoons
in a manner that is intended to interfere with work or education;
2.1.d. implied or overt threats, or punitive action as the result of rejection of sexual advances or rejection of romantic involvement; and
2.1.e. sexual assault.
3. REPORT VIOLATIONS
3.1 Victims of sexual harassment should either contact campus police or present the information in writing to the director of student conduct. Complaints against UNCP students will be governed by the procedures stated in Chapter IV., Rights & Responsibilities. Student complaints against UNCP faculty or staff will be governed by the procedures stated in the UNCP Student Grievance Policy. Members of the university community are prohibited from acts of reprisal against individuals who bring complaints or are involved as witnesses in any action connected with this policy.
1.1 The objectives of this grievance process for students are to ensure that students have the opportunity to present a grievance to the university regarding a certain action or inaction by a member of the university community and to ensure that the university has a consistent process of resolving those grievances in a fair and just manner.
1.2 A student may pursue a grievance if he or she believes a university employee (including faculty, staff, student employees, and agents—hereafter, referred to only as the "employee") has violated his or her rights. This grievance process for students applies to all problems arising out of interactions between a student and a member of the university community that are not governed by other specific grievance proceedings (e.g., undergraduate grade appeals, residency appeals, traffic appeals, etc.).
1.3 Throughout the grievance process, the Office of the Vice Chancellor for Student Affairs will provide guidance about the policy's procedures and requirements. The UNCP Office of the General Counsel will provide training at the beginning of each academic year. Once a formal complaint has been filed with the appropriate vice chancellor, the UNCP Office of the General Counsel is to be immediately notified. Once notified, the general counsel will provide advice and counsel to the hearing panel throughout the grievance process with the objective of providing and assuring due process for all parties and the development of a complete and judicially sound hearing report to be given to the vice chancellor or senior administrator.
1.4 A grievance which is found to be intentionally dishonest or willfully disregards the truth is a violation of the UNCP Student Code of Conduct, specifically, furnishing false information to the university with intent to deceive. Students violating this code will be subject to disciplinary action. Any retaliation directed to the grievant as a result of the filing of a grievance is against state and federal laws and UNCP policy.
2. WHAT MAY BE GRIEVED
2.1 An action or decision may be grieved only if it involves a violation of university policy or public law. Grievances may not be used to challenge policies or procedures of general applicability. In addition, this process may not be used to grieve:
2.1.a. claims based on purchases or contracts;
2.1.b. claims against an employee on matters that are unrelated to the employee's job or role at the university; and
2.1.c. decisions covered by other university policies (e.g. residency appeals).
3. INFORMAL RESOLUTION
3.1 The informal resolution process is designed to reach an understanding of the situation and to resolve the differences in an informal and cooperative manner. While the vice chancellor for student affairs (or his/her designee) will discuss the steps involved in the informal resolution process to the grievant, neither step 1 nor step 2 is mandatory. Neither the student nor the employee is obligated to participate in either step 1 or step 2 and may refuse the offer of an informal resolution/mediation of the grievance matter.
3.2 Step 1. The student with a grievance against a member of the university community is encouraged to meet with the employee. The purpose of the meeting is to reach a mutual understanding of the student's situation and the employee's actions and attempt a resolution of the grievance matter. The student has seven (7) calendar days from the incident or the date the student should have known about the incident to initiate this discussion.
3.3 Step 2. If the meeting with the employee is not satisfactory, does not occur, or if it is impractical for the student to meet with the employee, the student should request the assistance of the employee's immediate supervisor. This request to the employee's immediate supervisor must occur within 7 calendar days of the meeting with the employee or within 14 calendar days of the incident. The purpose of this intervention is for the immediate supervisor to attempt to work with both parties to reach a resolution to the grievance matter.
4. FORMAL RESOLUTION
4.1. Step 3. If an informal resolution is not successful, the student may file a formal grievance by sending a written request for a hearing to the appropriate vice chancellor or senior administrator with supervisory authority over the person(s) named in the grievance. The student must file this within 14 calendar days of the meeting with the immediate supervisor or having received a refusal by the employee to meet with his/her immediate supervisor and the student.
4.2 All grievance complaints must be in writing and signed by the student. The grievance must contain:
4.2.a. a clear and precise statement of the complaint;
4.2.b. state how the decision or action is unfair and harmful to the student and list the university policies or state and federal laws that have been violated, if known;
4.2.c. name the respondent parties (the person(s) against whom the grievance is filed);
4.2.d. state how each respondent is responsible for the action or decision;
4.2.e. state the requested remedy;
4.2.f. state whether any witnesses will be brought to the hearing;
4.2.g. state whether a non-participating observer will be brought to the hearing; and
4.2.h. sign the Grievance Formal Statement of Authenticity Form.
4.3 Dismissal of Grievance Complaint by Vice Chancellor or Senior Administrator
4.3.1. If it is clear on the face of the written grievance, that it has not been filed according to this process (such as, but not limited to, time frame, matter is not grievable under this process, the complaint is frivolous in the vice chancellor or senior administrator's judgment, or is from a person without grievance rights under this process), the vice chancellor or senior administrator shall dismiss the complaint and state with reason(s) in a letter to the grievant.
4.3.2. If the grievance complaint is not dismissed by the vice chancellor or senior administrator, then within 14 calendar days of receiving the grievance complaint he/she shall refer the grievance to the chair of the Student Grievance Committee, from which a fact-finding hearing panel will be appointed. The vice chancellor or senior administrator will inform the employee in writing that a grievance has been received and that the matter has been referred to the Student Grievance Committee.
4.4 Composition of the Student Grievance Committee
4.4.1 The members of the Student Grievance Committee shall be appointed by the chancellor and serve at the pleasure of the chancellor, who will also name the chair of the committee. In the event any person appointed to the committee is unable to serve, the chancellor may appoint another to serve in his/her place. The composition of the Student Grievance Committee shall be made up of three faculty members (nominated by the Faculty Senate), three staff members (nominated by the Staff Council), and four upper classmen and/or graduate student members (two SGA representatives and two nominated by SGA).
4.4.2 For the purpose of each grievance, the chair of the committee will select four members of the committee to serve with him/her as the hearing panel. In addition to the chair of the committee, the hearing panel shall include two students, one faculty member, and one staff member. The faculty and staff member cannot be part of the same office or immediate
administrative unit as the respondent/employee . Hearing panel members should have no personal interest in the outcome of the process, and should not have any personal involvement in earlier stages of the grievance matter. The chair may designate another member of the committee to serve as the fifth member of the hearing panel when the chair is unavailable to serve due to emergencies or conflict of interest. A decision of the panel will be considered a decision of the committee.
4.4.3 The hearing panel members, parties, and all persons involved in the grievance process shall maintain strict confidentiality regarding the grievance matter during all stages of this process. There should be no ex parte communication between the parties and the grievance committee/hearing panel members concerning the case. State and federal laws govern the privacy rights of students and employees. Any questions about the disclosure of information should be directed to the hearing panel in writing and the panel should consult with the Office of the General Counsel.
4.4.4 Step 4: The chair of the committee shall convene the hearing panel within 7 calendar days of receiving the complaint and provide them with the written complaint and all supporting documents provided by both parties. The chair of the committee will be responsible for facilitating the work of the hearing panel and shall schedule the hearing within 14 calendar days of his/her receipt of the complaint.
4.4.5 The chair of the hearing panel shall notify the parties of a hearing date, time, and place at least five (5) calendar days in advance of the hearing. During a hearing, the grievant and the accused shall have the following rights:
4.4.5.a. the right to have a non-participating observer present;
4.4.5.b. the right to present the testimony of witnesses and other evidence, relevant to the grievance;
4.4.5.c. the right to confront and cross-examine witnesses; and
4.4.5.d. the right to examine all submitted documents and other evidence.
4.5 Other Hearing Protocol
4.5.1 The hearing panel may request testimony and/or evidence from relevant witnesses.
4.5.2 The vice chancellor for student affairs will appoint a neutral party (non-hearing panel member) to observe the proceeding, offer procedural advice as needed, and act as the official audio recorder (authorized recording number 1).
4.5.3 The chair of the hearing panel will appoint a hearing panel member to also record (authorized recording number 2) the hearing and another grievance committee member not serving on the hearing panel to take official notes.
4.5.4 Both the authorized recordings and the official notes are for the hearing panel's use in deliberation and should be held in strict confidence. No other audio recordings are to be made.
4.5.5 At the discretion of the chair, and upon the advice of general counsel, campus security may be present for the hearing.
4.6 Summer and Fast Track Review
4.6.1 At the discretion of the vice chancellor for student affairs (or his/her designee) the grievance may be decided by the fast track process. If the vice chancellor for student affairs (or his/her designee) offers the student the fast track process, the student may elect to waive his/her right to a committee hearing. In the fast track process, the appropriate vice chancellor or senior administrator shall serve as the fact finder and conduct the hearing in the place of the hearing panel. The vice chancellor or senior administrator's decision will be final with the student having the right to file an appeal to the chancellor as outlined below in section 6.
4.6.2 Every grievance filed after April 15 and before August 25 of each year shall be decided through the fast track review and the grievant shall have no right to a committee hearing.
5. THE DECISION
5.1 After hearing a student grievance, the hearing panel shall determine, by majority vote, whether to recommend a finding that the preponderance of the evidence shows that the employee has violated the law or policy at issue. Within 14 calendar days of the hearing, the hearing panel shall provide a written report to the vice chancellor or senior administrator who received the complaint. The report should include a summary of the proceeding, finding of fact, recommendations, a copy of all correspondence with the parties, all evidence submitted to the panel, the recording or transcript of the hearing, and anything else considered by the panel in reaching its recommendation. A dissenting panel member may also file a minority report at this time.
5.2 The vice chancellor or senior administrator shall review the official report of the hearing panel and issue a written decision within 14 calendar days of receiving the hearing panel's report. In the decision, the vice chancellor or senior administrator may either adopt the hearing panel report and recommendations in whole, modify it in part, or reject the report and reach different findings or conclusions for reasons expressly stated. The decision should be sent, subject to UNCP personnel policies and state and federal law, to all parties via certified mail, return receipt requested, within 14 calendar days.
6. THE APPEAL
6.1 The student who filed the initial grievance and the employee may appeal the decision of the vice chancellor or senior administrator to the chancellor within 14 calendar days of receiving the written decision. The chancellor, upon receiving the grievance appeal, may adopt the vice chancellor's/senior administrator's decision in whole, modify it in part, or reject the report and reach different findings or conclusions. The chancellor's decision shall be final and sent, subject to UNCP personnel policies and state and federal law, to all parties via certified mail, return receipt requested.
6.2 For grievances against vice chancellors, the chancellor (or his/her designee) will make decisions based on the hearing panel's report and recommendation and may adopt the report and recommendations in whole, modify it in part, or reject the report and reach different findings or conclusions. The chancellor's decision shall be final and sent, subject to UNCP personnel policies and state and federal law, to all parties via certified mail, return receipt requested.
6.3 Once the grievance matter is closed, all evidence used in the case, to include but not be limited to, documents and audio recordings, are to be placed in the custody of the vice chancellor for student affairs for three years.
- Academic Support Services Subcommittee
- Committee on Substance Abuse Prevention (CSAP)
- Board of Trustees
- Campus Appeal Board (CAB)
- Campus Judicial Board (CJB)
- Curriculum Subcommittee
- Enrollment Management Subcommittee
- Facilities Master Plan Committee
- Faculty Athletic Committee
- Faculty Awards Committee
- Givens Performing Arts Center Advisory Board
- Graduate Council
- Planning and Budget Review
- Physical Environment Committee
- Student Affairs and Campus Life Committee
- Student Grievance Panel
- Student Publications Board
- Traffic Appeals Board
- Traffic Control Board
- Tuition & Student Fee Committee
1.1 Students with disabilities are responsible for contacting Disability Support Services if reasonable accommodations are not implemented in an effective or timely manner. Disability Support Services works with faculty, staff, and students with disabilities to resolve disagreements regarding recommended accommodations. The Complaint, Grievance Hearing, and Appeals Process, as outlined below, will facilitate an internal informal and formal basis for filing a complaint, conducting a grievance hearing, and finally, appealing a denial of accommodations and for grieving instances of inappropriate discrimination in violation of the Americans with Disabilities Act Amendments Act (“ADAAA”) or Section 504 of the Rehabilitation Act of 1973 (“Section 504”).
1.2 Any student with a disability who believes he or she has been discriminated against on the basis of that disability may use this process to file a grievance with the ADAAA Grievance Officer who is the Director of Disability Support Services, DF Lowry, Room 107, at the University of North Carolina at Pembroke, or if the grievance is against Disability Support Services with the Assistant Vice-Chancellor of Student Academic Services and Retention in DF Lowry, Room 308, who will serve as the ADAAA grievance officer, or with the Office of Civil Rights.
1.3 A student may pursue a grievance if he or she believes that a university employee (including faculty, staff, and agents--hereafter, referred to as “employee”) has discriminated against the student because of his/her disability or has improperly denied the student a reasonable accommodation. Upon request from any student, the Director of Disability Support Services, as the ADAAA grievance officer, will provide guidance about the appropriate process for redress of a particular complaint.
1.4 Throughout the grievance process, the ADAAA grievance officer will provide guidance about the policy’s procedures and requirements. The UNCP Office of Legal Affairs, as legal counsel for the ADAAA Student Grievance Committee and the Hearing Panel, will provide training at the beginning of each academic year. Once a formal complaint has been filed with the ADAAA grievance officer, the UNCP Office of Legal Affairs is to be notified immediately. Once notified, Legal Affairs will provide advice and counsel to the Hearing Panel throughout the Grievance Process with the objective of providing and assuring due process for all parties and the development of a complete and judicially sound Hearing Report to be submitted to the appropriate vice chancellor.
1.5 A grievance which is found to be intentionally dishonest or willfully disregards the truth is a violation of the UNCP Student Code of Conduct, item 2a) Furnishing false information to the university with intent to deceive. Students violating this code will be subject to disciplinary action.
1.6 The university prohibits retaliation against any student for filing, or participating in, a grievance under this process. Any retaliation directed to the complainant or witness as a result of the filing of a grievance under this process is against state and federal laws and UNCP Policy.