All students are governed by federal, state and local laws in addition to university rules and regulations. By authority of The Code provisions governing The University of North Carolina and the chancellor, it is the duty of the University Judicial System to have jurisdiction over matters pertaining to students in situations where: (1) infractions of university rules and regulations are possibly serious enough to lead to probation, suspension or expulsion; (2) infractions of university rules and regulations result in damages to property and there is a dispute as to guilt. Procedures of the university judicial system will afford students an opportunity for due process in these situations. Specific university rules and regulations may be found in the Student Handbook, which is published annually.
All vehicles parked on campus must be registered with the Department of Public Safety and are subject to current Traffic and Parking Regulations, published annually by the Department of Public Safety.
Policies Relating to Disruptive Conduct
The University of North Carolina has long honored the right of free discussion and expression, peaceful picketing and demonstrations, the right to petition and to assemble peaceably. That these rights are a part of the fabric of this institution is not questioned. They must remain secure. It is equally clear, however, that in a community of learning, willful disruption of the educational process, destruction of property, and interference with the rights of other members of the community cannot be tolerated. Accordingly, it shall be the policy of the university to deal with any such disruption, destruction or interference promptly and effectively, but also fairly and impartially, without regard to race, religion, sex or political beliefs.
Sexual harassment is illegal. It is against university policy and will lead to disciplinary action. If you have experienced or witnessed what you believe to be sexual harassment, or if you have questions, you should contact your advisor, a staff member in Student Health and Counseling Services, or the Affirmative Action officer in Human Resources.
The university will establish no policy or regulation that sanctions either the use of alcoholic beverages or any action which contravenes state or federal law regarding their purchase or consumption. North Carolina Alcoholic Beverage Control Laws make it unlawful for anyone under 21 years of age to purchase or possess or consume alcohol, or for anyone to aid such a minor in purchasing, possessing or consuming alcoholic beverages.
All members of the university community are responsible for obeying state laws indicated above and state laws pertaining to the transportation of alcohol and the consumption of alcohol in public places (General Statutes 18-51). Students are further expected to follow the university’s Alcoholic Beverage Policy as stated in the Student Handbook.
The university discourages the drinking of alcoholic beverages, drunkenness and other abuses of alcoholic beverages by any person. Being under the influence of alcohol is considered a serious breach of conduct, and students who violate these standards are subject to appropriate disciplinary action as outlined in the Student Handbook.
Policy on Illegal Drugs
The University of North Carolina at Asheville is an academic community dedicated to the transmission and advancement of knowledge and understanding. The Board of Trustees is committed to the maintenance and protection of an environment in which students and faculty members may responsibly pursue these goals through teaching, learning, research, discussion and publication, free from internal or external restraints that would unreasonably restrict their academic endeavors. Moreover, it is the obligation of all members of the university community—faculty, students, administrators and other employees—to help maintain an environment where academic freedom flourishes and in which the rights of each member of the academic community are respected. The illegal use of, and trafficking in drugs can jeopardize the welfare of members of this academic community. Accordingly, in an effort to responsibly address such threats to the integrity of the academic environment, the Board of Trustees adopts this policy.
- Applicable Policies, Practices and Programs
- Education, Prevention, Counseling and Rehabilitation.
- Just as the primary purpose of the University of North Carolina at Asheville is education, so also the university’s major effort to address drug abuse should be educational in nature. The university shall maintain a comprehensive drug education program available to all members of the academic community (students, faculty, administration and staff). The activities of the program shall be the responsibility of the Drug and Alcohol Education Task Force composed of two faculty members appointed by the Vice Chancellor for Academic Affairs, two students appointed by the Student Government President and two staff/administrators appointed by the Chancellor. The Vice Chancellor for Academic Affairs or his/her designee shall chair the committee. The Task Force shall develop and coordinate an ongoing program available to all members of the academic community that:
- informs members of the academic community about the health hazards associated with drug abuse.
- emphasizes the incompatibility of drug abuse and the maximum achievement of personal and educational goals.
- encourages members of the campus community to make use of available campus and community counseling, as well as medical and rehabilitation resources in dealing with drug abuse problems.
- informs members of the academic community that they also may be subject to criminal prosecution for violating state laws relating to the illegal use, possession, delivery, sale, manufacture or creation of controlled substances.
- UNC Asheville shall provide information about drug counseling and rehabilitation services to members of the university community through campusbased programs for students and through community-based organizations for faculty, staff and students. Persons who voluntarily avail themselves of university services shall be assured that applicable professional standards of confidentiality will be observed.
- Enforcement and Penalties
- The University of North Carolina at Asheville shall take all actions necessary, consistent with state and federal law and applicable University policy, to eliminate illegal drugs from the University community. The institutional policy on illegal drugs shall be publicized in catalogs and other relevant materials prepared for all enrolled and prospective students and in relevant materials distributed to faculty members, administrators and other employees.
- Students, faculty members, administrators and other employees are responsible, as citizens, for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver or manufacture those drugs designated collectively as controlled substances in Article 5, Chapter 90, of the North Carolina General Statutes. Any member of the university community who violates that law is subject both to prosecution and punishment by civil authorities and to disciplinary proceedings by the university. It is not double jeopardy for both the civil authorities and the university to proceed against and punish a person for the same specified conduct. The university shall initiate its own disciplinary proceedings against a student, faculty member, administrator or other employee when the alleged conduct is deemed to affect the interests of the university.
- Penalties shall be imposed by the university in accordance with procedural safeguards applicable to disciplinary actions against students and faculty members according to the Student Government Association Judicial Code of the University of North Carolina at Asheville; The Code, Board of Governors, The University of North Carolina, Chapter VI, Academic Freedom and Tenure, Section 603, Due Process before Discharge or the Imposition of Serious Sanctions; appropriate sections of the current UNC Asheville Faculty Handbook; and the University Personnel Policies for Designated Employees Exempt From the State Personnel Act, the University of North Carolina at Asheville; and by regulations for the State Personnel Commission.
- The penalties to be imposed by the university shall range from written warnings with probationary status to expulsions from enrollment and discharges from employment. However, the following minimum penalties shall be imposed for the particular offenses described.
- Trafficking in Illegal Drugs
- For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell 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, methaqualine), any student shall be expelled and any faculty member, administrator or other employee shall be discharged.
- For a first offense involving the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell 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, 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 faculty member, administrator or other employee shall be discharged.
- Illegal Possession of Drugs
- For a first offense involving the illegal possession 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 it’s equivalent.
- For a first offense involving the illegal possession of any controlled substance identified in Schedules III through VI, N.C. General Statutes 90-91 through 90-94, the minimum penalty shall be probation for a period to be determined on a case-by-case basis. A person on probation must agree to participate in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor’s designee deems appropriate. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation.
- For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members, administrators or other employees.
- Suspension Pending Final Disposition
When a student, faculty member, administrator or other employee has been charged by the university with a violation of policies concerning illegal drugs, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor or, in the Chancellor’s absence, the Chancellor’s designee concludes that the person’s continued presence within the university community would constitute a clear and immediate danger to the health or welfare of other members of the university community, provided that if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.
- Implementation and Reporting
Annually, the Chancellor shall submit to the Board of Trustees a report on campus activities related to illegal drugs for the preceding year. The reports shall include, as a minimum, the following: (1) a listing of the major educational activities conducted during the year; (2) a report on any illegal drug-related incidents, including any sanctions imposed; (3) an assessment by the Chancellor of the effectiveness of the campus program and; (4) any proposed changes in the policy on illegal drugs. A copy of the report shall be provided to the President of The University of North Carolina system.