ADMINISTRATIVE POLICIES

Student Involvement in University Policy
The University’s administration strongly encourages student participation in 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:

The University of North Carolina at Pembroke Drug Policy

I. Introduction

The University 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.

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.

II. Alcohol/Drug Education Programs

1. Alcohol Drug Abuse Prevention Team (ADAPT)
   ADAPT was initiated in 1988 to provide all members of 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 (N.C.G.S. 90-88 et. seq.). ADAPT defines its mission as prevention, intervention, and education concerning the use and/or abuse of alcohol and other drugs.

   A staff member of the Counseling and Testing Center serves as chairman of ADAPT. The team represents a cross-section of the University and local community.

   ADAPT activities encourage individuals to:

• Value and maintain sound health.
• Respect state/federal laws and University regulations.
• Recognize and resist pressure to use drugs.
• Promote drug-free activities.
• Promote the use of rehabilitation resources.
• Recognize the incompatibility of drug abuse and achievement of personal goals.

2. Educational Activities and Counseling Services
   1. Division of Student Affairs provides the following:
   1. Annual notification to all enrolled students of the consequences of drug use and/or abuse.
   2. Administration of an annual, anonymous, freshman wellness survey.
   3. Educational programs in a variety of formats.
   4. A multimedia library on drug related topics.
   5. Alternative programming promoting drug-free fun.
   6. Living/Learning programs in the residence halls.
   7. Observance of National Collegiate Alcohol Awareness Week.
   8. Peer-educators to encourage informed choices concerning alcohol consumption and to discourage the use of illegal drugs.
   9. Twelve-step meeting schedules, e.g., AA, NA, etc.
   10. Referral information for students and employees.
   11. Drug assessment and/or counseling for students.
   12. Support groups and drug awareness workshops.
   13. Drug education for student violators of this Drug Policy.

   2. Division of Academic Affairs provides the following:

   1. Alcohol/drug modules in all Freshman Seminar classes.
   2. Academic credit courses in drug abuse prevention and chemical dependency.
   3. Academic credit courses in wellness and fitness.
   4. A Wellness Committee to promote healthy choices

   3. Division of Business Affairs provides the following:

   1. Annual written notification to all employees of this Drug Policy, the consequences of drug use/abuse, and available resources, including counseling and rehabilitation.

III. Institutional Policy on Drugs

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 or the termination of student status. The University may impose sanctions if it is proven by a preponderance of evidence that a violation has occurred. Employees and students 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 Policy as circumstances may warrant, the following are the minimum penalties that may be imposed for particular offenses.

A. Abuse of Prescription and/or Over-the-counter Medications
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 both the Counseling & Testing Center and the Student Health Services. Continued abuse and disruptive behavior may result in disciplinary action.

B. Alcohol Possession and/or Consumption Regulations

1. Programs exist on campus to assist persons of legal age in making informed choices concerning alcohol.
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.
3. A student, age 21 or older, is permitted to carry in and consume beer (limit 72 oz.), unfortified wine (limit 30 oz.), or wine coolers (limit 60 oz. with 17% or less alcohol content) at the annual semi-formal Homecoming Dance. The sharing of alcoholic beverages during the dance is prohibited. Violators will be dismissed from the Homecoming Dance and will be subject to disciplinary action. Spirituous liquor and fortified wine (more than 17% alcohol, e.g., sherry or brandy) are prohibited at the Homecoming Dance. Individuals may be prohibited from bringing in alcohol, if it appears that they have consumed alcoholic beverages prior to the dance.
4. Student possession and/or consumption of any alcoholic beverage is prohibited at any location except as indicated in Section III, Subsection B, 2 and 3 of this Drug Policy.
5. Alcoholic beverages may be used only as a complement to an event, not as a main focus. Event sponsors must provide a proportionate amount of non-alcoholic beverages.
6. Student fees cannot be used to purchase alcohol.
7. Kegs are not permitted on campus. Kegs brought onto campus will be seized as contraband by the 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 or beer) at special functions, provided appropriate permits are obtained from the North Carolina Alcoholic Beverage Control Commission.
8. For offenses involving the illegal possession, consumption or excessive use of alcohol requiring the involvement of Campus Police and the Office of Student Affairs, sanctions shall be determined on a case-by-case basis. Offenders shall be required to participate in a drug education and/or counseling program at their cost (currently $50). Failure to comply with the terms of sanctions imposed and/or the drug education required may result in suspension from the University.
9. Repeat offenders will be required, at their own cost (currently $100), to participate in additional education and counseling, and progressively more severe sanctions will be imposed. Repeat offenders risk being suspended from the University.
10. Campus mandatory drug education/counseling must be completed within 40 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 fee for each missed appointment.
11. Guests in violation of this Drug Policy shall be required to leave campus and could face additional sanctions, including arrest. Students who have guests on campus are responsible for their guests at all times and will be held accountable for their guest’s actions.

C. Illegal Possession of Drugs and/or Paraphernalia

1. For a first offense involving the illegal possession or use of any controlled substance identified in Schedule I, N.C. General Statutes 90-89, or Schedule II, N.C. General Statutes 90-90, the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent.
2. For a first offense involving the illegal possession or use of any controlled substance identified in Schedules III through IV, 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 probation, for a period to be determined on a case-by-case basis and mandatory participation in a drug education/counseling program. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation. In addition, a person on probation must agree to participation in a drug education and counseling program at the cost of the offender (currently $100), consent to regular drug testing at his or her cost, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor’s designee deems appropriate. This does not preclude criminal action from being initiated.
3. Students’ participation in illegal drug activity off campus may be sanctioned on campus 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.
4. Campus mandatory drug education/counseling must be completed within 40 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, transfer, or graduate. Failure to keep campus drug education/counseling 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.
5. For second or other subsequent offenses involving controlled substances, the minimum penalty shall be suspension for a period to be determined on a case-by-case basis; more severe penalties may be imposed, including expulsion of students and discharge of employees. To be readmitted after a suspension, the student (at his/her own expense) must submit documentation of multiple negative drug tests over a period of time.
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.

D. Trafficking in Illegal Drugs

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 discharged.
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 IV, 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 from employment for a period of at least one semester or its equivalent. For a second offense, any student shall be expelled and any employee shall be terminated.

E. Hazing

1. 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.”
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.

F. Suspension Pending Final Disposition
A student, faculty member, administrator, or other employee charged with a Drug Policy violation may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor or his 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.

G. Penalties
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.

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 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 3-4, “Due Process Before Discharge or The Imposition of Serious Sanctions” and Appendix H in the Faculty Handbook. Students should refer to the “Student Government Association Constitution” in the Student Handbook, Article IV, “The University Hearing and Appeal System.” State Personnel Act employees should refer to the NC Personnel Manual (located in Human Resources office), Section 9, “Disciplinary Action, Suspension and Dismissal.”

IV. Health Risks of Psychoactive Drugs
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.

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.

Cocaine: Anxiety, insomnia, paranoia, perforation of the nasal septum, seizures, and cardiac arrest.

Depressants: (e.g., Librium, Xanax, Valium) Central nervous system depression, staggering gait, visual disturbances, lethargy, dizziness, and nausea.

Hallucinogens: (e.g., LSD, PCP, and hallucinogenic mushrooms) Visual distortions, increased heart rate and blood pressure, psychotic episodes, panic disorders, and flashbacks.

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.

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, amotivational syndrome, and reproductive system abnormalities.

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.

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.

Stimulants: (amphetamines) Anxiety, agitation, malnutrition, irregular heartbeat, chronic sleeplessness, and amphetamine psychosis.

Emergency Health and Safety Policy
The growth and development of students at The University of North Carolina at Pembroke is central to our goal of maintaining an environment conducive to student learning, academic achievement, individual responsibility, and respect for the rights and privileges of others. One aspect of this mission includes the availability of counseling, health services, academic support programs, and policies to foster good mental and physical health.

Purpose
The objective of this Emergency Health and Safety Policy was developed in an attempt to safeguard the welfare of the individual and the community.

Addressing Behavior and Emergencies
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 which require immediate response and important aftercare. UNCP student support services 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 immediate action. Emergency situations may include:

• Acute change in physical health;
• Destructive, threatening, or other disruptive behavior;
• Drug and alcohol abuse;
• Eating disorders;
• Any health problem that points to possible imminent danger, foreseeable danger to oneself, or another member of the University community.

In some cases, this will result in a hospitalization, or the student leaving campus for a period of time. To the extent of the law, any UNCP employee assisting the student with his/her medical emergency that falls within this policy shall contact the Vice Chancellor for Student Affairs or his/ her designee. The Vice Chancellor for Student Affairs 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: Vice Chancellor for Student Affairs; Associate Vice Chancellor for Academic Affairs; Director of Counseling and Testing, Director of Student Health Services; Director of Disability Support Services; and the Chief Housing Officer, if the student resides on campus. Depending on the emergency, the Vice Chancellor for Student Affairs may appoint other advisors to the committee. In these emergency situations, the University reserves the right to do any or all of the following:

• Consult with and refer the student to a healthcare facility or provider (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.
• 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. Note: Absences for medical reasons are not excused automatically. Students are urged to submit documentation immediately.
• Require the student to sign appropriate release forms allowing designated staff at UNCP to consult clinician(s) serving the student for the purpose of evaluating the student’s ability to function in the University community.
• Refer the student to the University judicial process if the student’s behavior has violated any rules, policies or procedures.

All requirements outlined, in writing, by the EHS Committee will be sent certified mail to the student’s home address.

Involving Essential Parties
In some circumstances, UNCP 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.

Returning to Campus After Treatment
A student who has been hospitalized or has left the campus due to a health emergency, which falls with in this policy, may be allowed to return to the University (and/or campus housing) if s/he agrees to take steps that will satisfy the EHS committee’s concern that a health emergency no longer exists and a treatment plan for continuing good health is in place.

• Prior to returning to campus, the student may be required to meet with the EHS committee’s designated healthcare professional following release from a health care facility for a medical emergency. The student may be required to provide the designated healthcare professional 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.
• 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 UNCP 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.
• 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 Housing regulations, or the University’s Code of Conduct.
• 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 assigned by the EHS Committee.

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 required to leave the campus immediately.

Medical Suspension
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 can not 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.

Medical Withdrawals
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 Student Handbook. If a residential student is unable to officially check out of student housing, the student’s designee must assist with the checkout procedure.

Voluntary Medical Withdrawal
Any student considering a medical withdrawal should be given a copy of the written criteria. If the student accepts, s/he signs a statement acknowledging that h/she is required to:

1. Remain out of school for a suggested period of time;
2. 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 which necessitated the withdrawal;
3. 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 UNCP;
4. Meet with the EHS Committee designee prior to being allowed to return,
5. Sign the agreement, which will also be signed by the EHS designee and the Vice Chancellor for Student Affairs or his/her designee.

The student receives “W”s 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 UNCP Registrar.

Involuntary Medical Withdrawal
An involuntary medical withdrawal can be invoked when a student, is a danger to self or others, or exhibits behavior that is severe and disruptive to the community, and refuses treatment. The student will be reported to the Vice Chancellor for Student Affairs, 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 UNCP.

Appeal Process
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 Chancellor. Once notified of a change in status, the student has one business day to submit his/her appeal. The Chancellor (or his/her designee) will respond, in writing, to the student’s written appeal within one business day.

Reapplication Process
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.

EHS Committee Procedure for Returning to UNCP

1. Meet with the designated EHS committee member to assist with transition and treatment plan.
2. Provide requested information established by the EHS Committee.
3. Comply with university monitored treatment plan.
4. Failure to comply may result in administrative withdrawal from the university.
5. Provide proof of on-going treatment, if required by the committee.
6. The EHS designee will recommend when termination of close follow-up is appropriate and seek approval from the committee.

Free Speech Event Policy
Purpose
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.

1. Principle of Neutrality
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.

2. Sponsor(s)
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, and individual or group within the University community, or an off-campus group.

3. Free Speech Assembly Reservation Procedures

Outdoor Facilities: The following areas may be used for outside speech events at UNCP by University affiliated or unaffiliated groups or individuals. Reservations to use outdoor facilities should be made twenty-four (24) hours in advance unless special permission is granted by the Vice Chancellor for Student Affairs. 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 Physical Plant and/or the Media Center time to set up. Amplification of outdoor events will only be allowed during the Wednesday activity period.

• Givens Performing Arts Center Outdoor Stage
• Water Feature Site*
• Lumbee Hall Front Lawn *
• University Center Lawn (Side Facing GPAC)*

* Locations may not be available during exam periods if expected noise level is determined to be disruptive to the educational environment.

Indoor: UNCP meeting rooms may be reserved for speech events. Sponsors must follow facility use policy and guidelines. An advance notice of four (4) to seven (7) work days is required.

The sponsor(s) must choose a location, complete a facility use form, and abide by all rules and regulations outlined in this policy. Facility use forms are available online at www.uncp.edu/sa/forms. Contact the Office of Student Affairs at 910-521-6175 for more information.

4. Dissent or Protest in Connection with Speech Events

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.
2. Some Examples of Dissent: The following guidelines, which are neither comprehensive nor absolute, suggest the limits of acceptable dissent:
   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 has adjourned. The sponsor(s) and dissenters are required to clean up debris immediately after the event (e.g. brochures, signs, flyers, chalk, etc.)
   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.
   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.

At no time should the speech event interfere with the educational services provided at UNC Pembroke. Outdoor amplified events will not be allowed except during the Wednesday Activity Period. Free speech events scheduled during exam weeks must be located at the Givens Performing Arts Center’s outdoor stage. 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 the law: G.S. 14-132 Disorderly conduct in/near public buildings and facilities.

4. 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.

3. The Speaker’s Responsibility: the speaker must respect the right of dissent. The speaker may continue with the speech even through picketing, silent or symbolic protest, or noise as discussed in Section 4.b.(1-3) occurs.
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 may be asked to leave by Campus Police.

5. Security at Speech Events

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.
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.
3. When the speech is closed the sponsoring organization will ordinarily be responsible for funding extraordinary security measures required by the University.

6. Sanctions for Violators
Violation of the free speech rights of any person, as described in this Policy, will be treated as a serious violation of University Policy. Violators may be subject to one or more of the following University sanctions:

1. Expulsion from the meeting or event.
2. Disciplinary proceedings under the UNC Pembroke Code of Conduct such as disruptive, endangering or threatening behavior, etc.; described in the STUDENT HANDBOOK or at www.uncp.edu/sa.
3. Disciplinary procedures for faculty and staff as described by Human Resources guidelines at www.uncp.edu/hr.
4. In addition, behavior that constitutes a violation of law may result in arrest and criminal prosecution.

North Carolina General Statute 18B-302
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.

Hazing
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 University of North Carolina 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.

1. 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.

2. 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 sexually.
   2. “Related by blood, law or marriage” means:
      1. Parent and child
      2. Brother and sister
      3. Grandparent and grandchild
      4. Aunt and/or uncle and niece and/or nephew
      5. First cousins
      6. Stepparent and stepchild
      7. Husband and wife
      8. Parents-in-law and children-in-law
      9. Brothers-in-law and sisters-in-law
      10. Guardian and ward
   3. “Evaluate or supervise” means:
      1. 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
      2. To oversee, manage or direct one’s academic or other institutionally prescribed activities.
3. 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.

Policy Prohibiting Illegal Harassment
UNCP 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 or color creating a hostile environment that prevents effective learning or work performance is in opposition to a campus environment free of harassment.

No student or student group shall engage in conduct, or assist another in the following conduct:

1. Discrimination on the basis of race, ethnicity, national origin, religion, creed, age, disability, or honorable service in the armed services of the United States 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.
2. 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.
3. 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.
4. 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.

Students violating this policy may be subject to disciplinary action up to and including dismissal.

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 the Student Judicial Process, STUDENT HANDBOOK, Article IV, Section C. Student complaints against UNCP faculty or staff will be governed by the procedures stated in the 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.

Sexual Assault Policy
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 Assault
Sexual assault is an extreme form of sexual harassment. Sexual harassment is prohibited by University policy and is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 and by Title IX of the Education Amendments of 1972. Sexual assault is a crime, defined by the North Carolina criminal code.

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.

Definitions
Sexual assault may include any involuntary sexual act with 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.

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.

Sexual assault occurs when such acts are committed either 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.

Responsibility to Report
Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced, witnessed, or has knowledge of a sexual assault 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.

Sexual assault may also be reported to the Pembroke Police Department, if it occurred within the 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 may also be reported to the Robeson County Rape Crisis Center.

Preserving Evidence
It is important that evidence of sexual assault be preserved, because it may be needed for prosecuting the criminal case. Victims and others should not alter the scene of attack. The victim 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 victim 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 victim to a local hospital emergency department that has kits to collect and preserve evidence of rape and sexual assault.

Availability of Counseling and Advocacy
Counseling and other mental health services for victims of sexual assault 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. Community mental health agencies, such as Family Alternatives, and counselors and psychotherapists in private practice in the area can provide individual and group therapy.

Robeson County Rape Crisis may 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.

Education and Awareness Programs
The University 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.

University Judicial System and Code of Conduct
When appropriate and regardless of whether the accused 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 to 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.

A UNCP student who has been victimized by sexual assault may seek redress through the campus judicial system if the accused 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 within the University hearing and appeal system, the victim should report the offense to the Vice Chancellor for Student Affairs or his/her designee. Once the report is made, an investigation will be initiated by the Vice Chancellor for Student Affairs. The Campus Judicial Board (CJB) will be convened in cases where the accused denies the charges. The victim will be required to appear before the CJB and testify against the alleged assailant. Both students, the alleged assailant and the alleged victim, 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. Immediate suspension of the accused student will occur if the Vice Chancellor for Student Affairs concludes that the person’s continued presence at the University would constitute a clear and present danger to the health or welfare of other members of the University community. When such a suspension is imposed, a hearing of the charges against the suspended person shall be held as expeditiously as possible.

The penalty for a student found guilty of sexual assault 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 victim/survivor or the community at large weigh heavily in the determination of what sanctions are imposed in such cases. The victim’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 accused shall be informed in writing of the outcome of any campus judicial proceeding or grievance procedure in which sexual assault is alleged.

Accommodation/Change Options
Victims of sexual assault 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 victim may also file a request form in the Registrar’s Office to remove his/her directory information from public access.

A victim of a sexual assault may also request the Associate Vice Chancellor for Academic Affairs to change his/her class schedule to avoid contact with the accused. 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 victim feel cared for and safe.

Rights of Alleged Assailants
Any student enrolled at UNCP who is accused of sexual assault, 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.

Sexual Harassment
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 of the 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. Sexual harassment at UNCP will be grounds for disciplinary action, up to and including termination of employment or student status.

The following actions may be considered sexually harrassing behavior: 1) unwanted sexual advances, propositions, or questions; 2) unwelcome touching of a person’s body or clothing; 3) public displays of sexually demeaning objects, photographs, posters, or cartoons in a manner that is intended to interfere with work or education; 4) implied or overt threats, or punitive action as the result of rejection of sexual advances or rejection of romantic involvement; and 5) sexual assault.

Victims of sexual harassment should either contact Campus Police or present the information in writing to the Vice Chancellor for Student Affairs. Complaints against UNCP students will be governed by the procedures stated in the Student Judicial Process, STUDENT HANDBOOK, Article IV, Section C. Student Complaints against UNCP faculty or staff will be governed by the procedures stated in the 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.

A sexual harassment brochure is available in the Student Affairs Office; this brochure explains what to do if sexual harassment is experienced.

Student Grievance Policy
I. Purpose
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.

A student may pursue a grievance if he or she believes that 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 in interactions between a student and a member of the University community that are not governed by other specific grievance proceedings. (e.g. Undergraduate Grade Appeal Process, available online at www.uncp.edu/sa/handbook/13sga.pdf on page 67). Upon request from any student, the Judicial Affairs Officer will provide guidance about the appropriate process for redress of a particular complaint.

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 # 2, 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 complainant as a result of the filing of a grievance is against state and federal laws and UNCP Policy.

What May Be Grieved:
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:

1. Claims based on purchases or contracts;
2. Claims against an employee on matters that are unrelated to the employee’s job or role at the University;
3. Decisions covered by other University policies (e.g. Residency appeals)

II. Informal Resolution
The informal resolution process is designed to reach an understanding of the situation and to resolve the differences in an informal and cooperative manner.

Step 1
The student with a grievance with a member of the University community is encouraged to first attempt to resolve the matter by meeting with the Employee. The purpose of the meeting is to reach a mutual understanding of the student’s situation and the Employee’s actions. The student has seven calendar days from the incident or the date the student should have known about the incident to initiate this discussion.

Step 2
If the consultation with the Employee is not satisfactory, or if it is impractical to consult with the Employee, the student should seek the assistance of the Employee’s immediate supervisor within seven calendar days of the meeting with the Employee or within fourteen calendar days of the incident. The purpose of this interaction is for the immediate supervisor to attempt to work with both parties to reach a resolution to the conflict.

III. Formal Resolution
Step 3
If an informal resolution is not successful, the student may file a formal grievance by sending a request for a hearing by a fact finding panel along with the following information to the appropriate Vice Chancellor with supervisory authority over the person(s) named in the grievance as causing harm to grievant. The student must file this within fourteen calendar days of the meeting with the immediate supervisor.

All complaints must be in writing and signed by the student. The grievance must contain:

1. A clear and precise statement of the complaint.
2. 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;
3. Name the respondent parties (the person(s) against whom the grievance is filed);
4. State how each respondent is responsible for the action or decision;
5. State the requested remedy; and
6. State whether a non-participating observer will be brought to the hearing.
7. Sign Grievance Statement of Authenticity Form.

If it is clear on the face of the written grievance, the complaint has not been filed according to this process (such as, but not limited to, timeframe, matter is not grievable under this process, the complaint is frivolous in the Vice Chancellor’s judgment, or is from a person without grievance rights under this process) the Vice Chancellor shall so indicate in a letter to the grievant that the complaint is dismissed.

Otherwise, within fourteen calendar days the Vice Chancellor, or a designee (hereafter referred to as the Administrator), shall refer the grievance to the chair of the Student Grievance Committee, from which a fact-finding panel will be appointed. The Vice Chancellor will inform the employee in writing that a grievance has been received and refer the matter to the Student Grievance Committee.

The members of the Student Grievance Committee must be approved by the Chancellor and serve at the pleasure of the Chancellor. 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).

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 fact-finding panel. A decision of the panel will be considered a decision of the Committee. In addition to the chair of the Committee, each fact-finding 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 Employee. 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 matter. The chair may designate another member of the Committee to serve as the fifth member of the Panel when the chair is unavailable due to emergencies.

The Panel members, parties and all persons involved in the grievance process are expected to maintain strict confidentiality regarding the grievance and all stages of this process. State and federal laws govern the privacy rights of students and employees. Any questions about the disclosure of information should be directed to the panel in writing, and the panel may consult with the Office of Legal Affairs. Once a formal resolution has been requested, there should be no ex parte communication between the parties and panel members concerning the merits of the case.

Step 4
The fact-finding Panel must convene within fourteen calendar days of being appointed. The chair of the Committee shall convene the panel and provide them with the written complaint and all supporting documents provided by either party. The Chair of the Committee will be responsible for facilitating the work of the Panel and to proceed in a timely manner.

The Panel shall notify the parties of a hearing date, time and place at least fourteen calendar days in advance of the hearing. During a hearing, the grievant and the accused shall have the following rights:

1. The right to have a non-participating observer present;
2. The right to present the testimony of witnesses and other evidence, relevant to the grievance;
3. The right to confront and cross-examine witnesses; and
4. The right to examine all submitted documents and other evidence.

A legal counsel may not participate in the proceedings unless the law or policy at issue provides for a broader right to counsel. The hearing must be tape recorded so that all persons can be heard clearly.

IV. The Decision
After hearing a student grievance, the Panel shall determine whether to recommend a finding that the preponderance of the evidence shows that the Employee has violated the law or policy at issue. When a majority of the Panel votes for a determination recommending a finding, the Panel shall provide a written report to the Vice Chancellor who received the complaint. The report should include a summary of the proceeding, 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.

The Vice Chancellor (or his/her designee) shall review the official report of the Panel and issue a written decision within fifteen calendar days of receiving the Panel’s report. In the decision, the Vice Chancellor (or his/her designee) may either adopt the 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 to all parties and a signed and dated receipt received.

V. The Appeal
The student who filed the initial grievance may appeal the decision of the Administrator to the Chancellor within fifteen calendar days of receiving the written decision. For grievances against Vice Chancellors, the Chancellor (or his/her designee) will make decisions based on the Committee’s recommendation and that decision shall be final.

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