Appendices

Appendix A: Guidelines for Mass Electronic Mail (E-Mail) Messages

Faculty and Staff mailings

Members of the campus community may send email messages dealing with official university business to all faculty by using the mailing list faculty_official@unca.edu and to all staff by using staff_official@unca.edu. Membership in these two lists is mandatory for all faculty and staff, respectively. Determination of whether a message is appropriate for the lists is left to the discretion of the sender.

A third list, unca_forum@unca.edu, is a combined list made up of the great majority of both faculty and staff, but membership in this list is voluntary and users may be removed from it at their request. This list should be used for personal, unofficial communication with the campus community. Two of many possible examples of messages that should be sent to this list are announcements of items for sale, and of situations or services wanted. Additionally, the list can be used as a vehicle for intercampus dialogue on non-official issues impacting the campus.

Student mailings

In certain instances, members of the campus community may send an email message to all students by using the mailing list students@unca.edu. Access to this list is controlled, and messages may be sent to all students only with approval of one of two offices: (l) Office of the Vice Chancellor for Student Affairs; (2) Office of the Vice Chancellor for Academic Affairs.

These offices will approve messages that meet one of the following criteria:

1. They alert the student community to an emergency situation on campus.
2. They give information about situations that would substantially alter the normal operation of the university (for example, weather-related class delays or closings, and special universitywide events).
3. They contain information relating to academic or campus community life that is important to significant portions of the student body (for example, registration and financial aid deadlines).
4. They contain information that the Chancellor judges to be important to the student community.

Members of the campus community may send messages directly to students@unca.edu. Please notify staff in one of the offices above that a message is pending approval. Approved messages will be released and sent to all students. Inappropriate messages will be returned to their senders, with an accompanying explanation of the decision to deny distribution to the students.

Appendix B: Student Usage Policy for Computing and Networking (PPM NO. 71)

Introduction

The University of North Carolina Asheville’s (hereinafter “University”) computing and telecommunications networks, computing equipment and computing resources are owned by the University and are provided primarily to support the academic and administrative functions of the University. The use of this equipment and technologies is governed by federal and state law, and University policies and procedures. Additional rules and regulations may be adopted by various divisions/departments to meet specific administrative or academic needs. Any adopted requirements must be in compliance with applicable federal and state laws, and this policy. 

Regulatory Limitations

The University may monitor access to the equipment and networking structures and systems for the following purposes: 

• To insure the security and operating performance of its systems and networks.
• To enforce University policies.

The University reserves the right to limit access when federal or state laws or University policies are violated or where University contractual obligations or University operations may be impeded.

The University may authorize confidential passwords or other secure entry identification; however, students have no expectation of privacy in the material sent or received by them over the University computing systems or networks. While general content review will not be undertaken, monitoring of this material may occur for the reasons specified above.

The University generally does not monitor or restrict material residing on University computers housed within a private domicile or on non-University computers, whether or not such computers are attached or able to connect to campus networks.

All material prepared and utilized for work purposes and posted to or sent over University computing and other telecommunications equipment, systems or networks must be accurate and must correctly identify the creator and receiver of such.

A personal home page or a personal collection of electronic material that is accessible to others must include a disclaimer that reads as follows:

“The material located at this site is not endorsed, sponsored or provided by or on behalf of the University of North Carolina Asheville.”

Permissible Use

Students are expected to follow this policy and any related University rules, regulations and procedures for University work produced on computing equipment, systems and networks. Students may access these technologies for personal uses if the following restrictions are followed:

• The use is lawful under federal or state laws including copyright and trademark.
• The use is not prohibited by Board of Governors, University or institutional policies. All policies governing student conduct apply to student use of computing and networking resources.
• The use does not overload the University computing equipment or systems, or otherwise harm or negatively impact the system’s performance.
• The use does not result in commercial gain or private profit (other than allowable under University intellectual property policies).
• The use does not state or imply University sponsorship or endorsement.
• The use does not violate state or federal laws or University policies against race or sex discrimination, including sexual harassment.
• The use does not involve unauthorized passwords or identifying data that attempts to circumvent system security or in any way attempts to gain unauthorized access.
• If the use is recreational, it does not prevent use by another University community member for legitimate University work. 

Violation of Policy

Sanctions for violation of this policy may include suspension or revocation of access privileges in addition to any other sanction permitted under the student conduct code.

The Chief Information Officer (CIO) may suspend a student’s access privileges for as long as necessary in order to protect the University’s computing resources. As soon as practicable following the suspension, the CIO will forward a report of the alleged violation to the Director of Citizenship Education (or designee) so it may be addressed as a violation of the Student Code of Community Standards and resolved through the Citizenship Education process

The Director of Citizenship Education (or designee) will provide written notice of the suspension and the alleged violation as well as information regarding the process for resolution of the alleged violation. Specific details regarding the Student Code of Community Standards and the Citizenship Education process can be found at: http://housing.unca.edu/citizenship-education.

Violations of law may also be referred for criminal or civil prosecution.
 

Appendix C: UNC Asheville Smoking Policy (PPM NO. 48)

The University of North Carolina Asheville is committed to providing employees and students with a safe and healthful environment. Evidence shows that tobacco use in general, including smoking and breathing secondhand smoke, constitutes a significant health hazard. 

1. Policy Statement: The University of North Carolina Asheville (the “University”) is dedicated to maintaining a healthy working and learning environment. Smoking is currently prohibited inside University buildings, facilities, and residence halls. Following the adoption of this policy, smoking will also be prohibited in all outdoor areas within the University Heights loop around campus, except for in areas designated by the attached campus map (http://www.unca.edu/campusmap/smoke_free_map.pdf). Smoking will also be prohibited within 100 feet of University buildings, outdoor athletic facilities, and outdoor recreation facilities. The only exception to this 100-foot rule is outside University Residence Halls, where outdoor designated smoking areas may be closer to buildings for the purpose of resident safety. For the purpose of this policy, smoking is defined as burning any type of tobacco product including, but not limited to, cigarettes, cigars, cigarillos, pipes, and bidis.
    
2. Signage: The University will post signs about the policy appropriately throughout campus. This policy will also be published on the University website.
    
3. Applicability: This policy applies to all University visitors, volunteers, students, faculty, EHRA non-faculty, all staff members, and student employees. It is the responsibility of every member of the University community to comply with this policy. Organizers and attendees at public events, such as conferences, meetings, public lectures, social events and cultural events will be required to abide by this Policy.
    
4. Enforcement: Effective implementation of this Smoking Policy depends upon the courtesy, respect, commitment, and cooperation of all members of the UNC Asheville community to comply with this policy. In the event that violations of this policy do occur, violations should be brought to the attention of the person who is most directly responsible for the violation. If that does not resolve the situation, it should be brought to the attention of the person/office responsible for the workplace, event, or residence, or to that responsible party’s supervisor. Complaints against students will be addressed through the Student Code of Community Standards process, and will be resolved according to the procedures therein. Any person, including a guest of the University, who is uncooperative when being asked to cease smoking in a prohibited area, may be issued a state citation by University Police, if initial measures are ineffective.
    
5. Implementation: This policy will become effective January 1, 2009. The initial implementation will be considered a pilot and will be reviewed in the fall semester of 2009. It is the intent of this pilot policy to be the next step in a progressive transition to a smokefree campus.
    
6. Cessation Support: Smoking cessation support and referrals, particularly nicotine replacement therapy, will be offered to students through the Health and Counseling Center and to employees through the Human Resources Office.

Appendix D: UNC Asheville policy on Sexual Harassment (PPM NO. 49)

I. Purpose

The purpose of this policy is to set forth the University’s procedures for preventing sexual harassment and for investigating and resolving allegations of sexual harassment, and also to ensure compliance with Title VII of the Civil Rights Act of 1964, as amended, and with Chapter 126 of the North Carolina General Statutes.

II. Scope

This policy applies to all applicants for employment, to all applicants for admission to University programs, and to all officers and employees of the University, all students,  all persons who serve the University as its agents and are under the control of the University, and to all individuals who teach, conduct business or participate in activities at the University. University contractors are also subject to this policy.

III. Policy

A. Introduction

Sexual harassment and discrimination are illegal and endanger the environment of civility and mutual respect that must prevail if the University is to fulfill its mission.  The University of North Carolina at Asheville is committed to providing and promoting an atmosphere in which employees can realize their maximum potential in the workplace and students can engage fully in the learning process.  Toward this end, all members of the University community must understand that sexual harassment, sexual discrimination and sexual exploitation of professional relationships violate the University’s policy and will not be tolerated.  The University will take every step to resolve grievances promptly.  Any act of reprisal, interference, or any other form of retaliation, whether direct or indirect, against an individual for raising concerns covered by this policy are also violations of this policy and are prohibited.

B. Sexual Harassment Definitions

(See Title 29 Code of Federal Regulations 1604.11)

Two categories of sexual harassment between members of the opposite or same sex are recognized:

1. Quid Pro Quo - Sexual harassment presented as a “bargain” (quid pro quo – ‘something in exchange’). Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature by one in a superior position constitutes “bargained-for sexual harassment” when submission by another is made either an explicit or implicit term or condition of employment or of academic standing. In this case, apparent consent of the submitting party is less relevant than the extent to which the sexual conduct is unwelcome.  As defined here, “bargained-for sexual harassment” normally arises in the context of an authority relationship.  This relationship may be direct as in the case of a supervisor and subordinate or teacher and student or it may be indirect when the harasser has the power to direct others who have authority over the victim.
2. Environmental Sexual Harassment – Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute “environmental sexual harassment” when such conduct has the purpose or effect of creating an intimidating, hostile or offensive environment which unreasonably interferes with another’s work, academic performance or privacy.  Environmental harassment can inflict emotional and psychological harm on individuals and can make relationships and the work or study environment unpleasant, threatening and unproductive.  However, there is no requirement that evidence of actual emotional or physiological harm be shown in order for environmental sexual harassment to be found to have occurred.

In determining whether alleged conduct constitutes sexual harassment as defined in the policy, the record as a whole will be considered as well as the context in which the conduct occurred.  “Environmental sexual harassment” normally arises from a repeated or pervasive course of conduct, whereas “bargained-for sexual harassment” can be based on a single act.  

Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular susceptibility of an individual, unless that susceptibility is known to the alleged harasser.

C. Penalties

Penalties will be determined on the basis of the facts of each case and the extent of harm to the University’s interests, as well as any University record indicating previous wrong doing by the accused person.  Possible penalties are described in UNC Asheville’s SHRA Disciplinary Actions Policy, the faculty handbook, the student handbook, the UNC Policy Manual, and the North Carolina Office of State Personnel Manual.

D. Anti-Retaliation Assurance

This policy seeks to encourage individuals to express freely, responsibly, and in an orderly way, opinions and feelings about any problem or complaint of sexual harassment. Any act of retaliation against a complainant or witness is prohibited and will result in appropriate disciplinary action in accordance with disciplinary measures defined by applicable state or university disciplinary policies.

E. Improper Complaints

This policy shall not be used to bring frivolous or malicious complaints against students or employees. A person who brings a complaint that is later found to be frivolous or malicious will be subject to disciplinary action.

F. Confidentiality

Information generated in the course of informal reviews and formal investigations necessary to enforcing this policy will be given the full extent of confidentiality accorded by law to employee personnel records and student educational records. Any person who, without authorization, reveals such information will be subject to disciplinary action. The sharing of the content of complaints will be on a “need to know” basis, as determined in consultation with the Director of Employee Relations, and may depend on the type of review and response required by the complaint.  In any case, when a complaint is being mediated or investigated, the person accused will be informed of the specific details of the complaint, as well as the prohibition against retaliation. 

G. Responsibility for Reporting

Any University employee who has direct knowledge of sexual harassment that has occurred is obligated to inform the University’s Director of Employee Relations/Affirmative Officer immediately.  To not  do so may result in serious consequences for the University, may be considered a breach of responsibility and may be grounds for disciplinary action.

H. Education and Outreach

To aid the University in achieving its mission by preventing sexual harassment, the Sexual Harassment Advisory Committee will assist the Director of Employee Relations and other University officials in their efforts to train, educate and advise members of the University community about sexual harassment so that the University will continue to be a safe and productive place to work and to learn.

IV. Procedures

The purpose of these procedures is to provide a prompt and fair resolution of problems and to preserve the due process rights of all involved, including the right to receive notice of complaints and to have an opportunity for an impartial investigation. These procedures are also created to provide for discipline of violators of the University’s Sexual Harassment Policy. If necessary, however, the University’s administration may take immediate and reasonable action to stop harassment and is not limited to the process provided herein.

A. Filing a Complaint

Complaints of violations of the University’s Sexual Harassment Policy will be accepted in writing or orally, however formal complaints (see Section C below) must be received in written form. Complaints will be taken seriously and investigated. Anyone who has observed sexual harassment should report it to his or her immediate supervisor, a department head/chair, vice chancellor or a sexual harassment advisory committee member (a current list of members may be found online at: http://www.unca.edu/service_committees/membership.asp). The ability to make a complaint is not limited to those who are the direct targets of the harassment.

B. Informal Resolution

Complaints of harassment addressed through the informal resolution process may be addressed through a variety of actions, including but not limited to the following: 

1. The employee may discuss the concern(s) and the desired resolution with the alleged harasser, with or without the facilitation or presence of an employee relations representative or a supervisor.
    
2. The employee may address the alleged harasser in writing regarding the concern(s) and the desired resolution with or without the facilitation or presence of an employee relations representative or a supervisor.
    
3. The employee may ask an employee relations representative to notify the alleged harasser of the concern(s) and the desired resolution.

If the conduct has not stopped after the complainant’s communication or if the complainant does not wish to make the initial contact with the harasser, he/she may contact the University’s Director of Employee Relations or his/her own immediate supervisor, a department head/chair, vice chancellor, or a member of the sexual harassment advisory committee (a current list of members may be found online at http://www.unca.edu/service_committees/membership.asp).The person to whom the report is made shall report it immediately to the University’s Director of Employee Relations.

Advisory Note: Complaints by or about students must be presented to the Office of the Dean of Students. The Dean of Students, or designee, will work with Employee Relations on any cases involving harassment of a student by a UNC Asheville employee. In an instance of student-initiated harassment, the Dean of Students, or designee, shall investigate and take appropriate disciplinary action commensurate with the severity and/or frequency of the conduct. Discipline resulting from harassment by a student will be taken in accordance with the procedures provided in the Student Code of Conduct.

C. Formal Resolution

Employees who have a complaint of harassment may use the formal grievance procedures in accordance with UNC Asheville’s Unlawful Workplace Harassment policy. To use this procedure, the employee must submit a written complaint to Human Resources within 30 calendar days of the alleged harassing action. This is the required procedure for SHRA employees who want to maintain their appeal rights to the State Personnel Commission.

SHRA employees who do not submit a written complaint to Human Resources within 30 calendar days may still utilize the informal procedures described in Section IV.B. for resolving their concern; however, such individuals will not have the option of later appealing to the Office of Administrative Hearings or using any University appeal procedure.

D. Investigation

Confidentiality shall be maintained to the greatest extent possible within the requirements of conducting reasonable investigations. Only those who have a ‘need to know’ may find out the identity of the parties.

Once a formal complaint is made to a University official or employee, the official or employee will forward the complaint to the Director of Employee Relations. He/she will maintain all records related to such cases separately from the University personnel files. Formal complaints will be investigated promptly and impartially.

The Director of Employee Relations may conduct the investigation or, if he/she deems it appropriate, will forward the complaint to an investigatory team for investigation and recommended action. The team is authorized to review, investigate and advise with respect to the adjustment of complaints related to sexual harassment filed by any member of the University community.

The investigatory team is authorized to meet with the complainant, the accused, and any witnesses in order to determine facts regarding the allegation. Meetings with the parties to the complaint should be conducted individually and should not take the form of a hearing. These meetings may be done by the team as a whole or by members designated by the chair.

An accurate record of all meetings and interviews shall be made by the investigatory team. These records shall be maintained for a minimum of three years by the Director of Employee Relations and for as long as any of the parties are associated with the University. A final written report of the findings of the team shall be provided to all parties to the complaint.

Upon completion of its review, the team shall make a report to the division head (or his/her designee) of the accused. The report shall consist of a summary of findings, including a statement of the charges, the evidence presented and a determination as to whether or not the complaint rises to the level of sexual harassment as defined by federal law. The division head (or designee) will determine the appropriate action, in consultation with the Director of Employee Relations.

All reasonable attempts will be made to complete this entire process in a timely manner. Complaints shall be resolved within sixty (60) days from the date the complaint is received by the Director of Employee Relations. The Committee shall provide a written response to the complainant when it has been determined what action, if any, will result from the complaint.

Advisory Note: After the agency’s 60 calendar days (or less, if waived in writing), if the complainant is an SHRA employee and the complaint has been filed in accordance with the Unlawful Workplace Harassment policy, the complainant may appeal directly to the Office of Administrative Hearings within the next 30 calendar days if he/she is not satisfied with the agency’s response to the complaint.

E. Appeals

Any current or former State employee who feels he/she has been sexually harassed in violation of UNC Asheville and N.C. General Statute 126-16 may file a grievance through the UNC Asheville grievance procedures (as applicable to SHRA, EHRA Non-Faculty or EHRA faculty.)

Applicants for positions governed by Chapter 126 of the N.C. General Statutes  (i.e. positions Subject to the State Human Resources Act [SHRA]) who believe that they have been sexually harassed may file grievances pursuant to that chapter of the General Statutes.  Such grievances must be in compliance with the procedures set forth in UNC Asheville policies and with the North Carolina Office of State Personnel Manual. The grievance must be filed within 30 days of the alleged harassment.

Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964. Employees or applicants may also choose to file a complaint of sexual harassment with the Equal Employment Opportunity Commission.

Additional References: UNC Code [Appendix I.C. (Personnel) and XII (Students)]

Related Policies: Improper Relationships between Students and Employees Policy, Sexual Misconduct and Interpersonal Violence Policy, Unlawful Workplace Harassment Policy
 

I. Purpose

Amorous relations between students and employees of UNC Asheville with whom they also have an academic, mentoring or evaluative relationship are fraught with potential for exploitation. The respect and trust accorded to a university employee by a student, as well as the power exercised by the employee in an academic or evaluative role, make voluntary consent by the student suspect. Even when both parties initially have consented, the development of an amorous relationship renders both the university employee and the institution vulnerable to possible later allegations of sexual harassment in light of the significant power differential that exists between employees and students.

Employees are encouraged to foster wholesome and appropriate relationships with colleagues, students and staff. Students tend to hold the whole academic profession (faculty, administrators, and staff) in high esteem and as such, invest extraordinary trust and respect in its members. Only by upholding high standards will university personnel be able to meet their collective obligation to each other.

II. Scope 

This policy applies to UNC Asheville’s EHRA faculty and non-faculty, SHRA staff, adjuncts and temporary employees.

III. Definitions

1. Amorous relationship: An amorous relationship exists when, without 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 (a) parent and child (b) brother and sister grandparent and grandchild (d) aunt and/or uncle and niece and/or nephew (e) first cousins (f) step-parent and step-child (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: 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 (3) to manage, oversee or direct one’s academic or other institutionally prescribed activities. 

IV. Policy

It will be considered misconduct for a UNC Asheville 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.

It will be considered misconduct for a UNC Asheville 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 eighteen years.

Violations of this policy shall be considered unacceptable personal misconduct in accordance with policies and procedures for the class of employment, of which the affected employee is a member. Any sanction imposed for a violation of this policy may be imposed only in accord with the disciplinary procedure applicable to the faculty or staff member’s category of employment. Recommended sanctions may include a letter of reprimand, suspension (with or without pay), diminishment in rank, or discharge from employment, depending upon the seriousness of the offense. A faculty or staff member found to have violated the policy may agree voluntarily to
the imposition of an appropriate sanction and the complaint will be resolved upon imposition of the sanction. If the faculty or staff member does not voluntarily agree
to imposition of a sanction, the procedures governing discharge from employment or the imposition of serious sanctions applicable to his/her category of employment will be observed. 
  

Appendix F: Americans with Disabilities Act of 1990 as Amended in 2008, and Section 504 of the Vocational Rehabilitation Act of 1973 as Amended

In accordance with the Americans with Disabilities Act of 1990 as amended in 2008 and Section 504 of The Rehabilitation Act of 1973 as amended, The University of North Carolina at Asheville provides equal opportunities in higher education to academically qualified students with visual, hearing, physical, chronic, medical, learning, psychological and psychiatric disabilities and other disabilities covered by these acts. The University does not discriminate against prospective students or enrolled students on the basis of their disability. All admissions decisions and programmatic decisions, both in and out of the classroom, are made in accordance with applicable state and federal legislation. In each instance, UNCA faculty and staff adhere to applicable laws regarding individuals with disabilities and make reasonable accommodations to insure full participation and fair evaluation of all students. The faculty should consult the Faculty Handbook for more guidelines for accommodating students with disabilities. All questions regarding appropriate accommodations for students with disabilities should be brought to the attention of the Office of Academic Accessibility.