Policies and Regulations Governing Student Life

Policies Governing Student Life

Students should exemplify socially approved standards of good conduct and behavior. They are expected to carry themselves in accordance with the regulations of the university and the laws of the local, state, or federal governments as they apply to matters of personal deportment. Regulations can guide and control the environment of the student. However, compliance with standards of conduct is the responsibility of each individual member of the student body. Therefore, students must show continual discipline and restraint. When a student does not demonstrate the desire to live according to approved codes of social behavior, the university may suspend enrollment until the student can adjust to the required standards. The institution reserves the right to suspend and expel any student whose actions are undesirable or injurious to the university community.

Social Regulations

1. All social events on the Winston-Salem State University campus must be approved through the Student Activities Office.
2. An advisor’s signature is required for the scheduling of all events, whether on or off campus.
3. When an event is canceled, the Student Activities Office should be notified at least 24 hours prior to the scheduled time. The organization is responsible for posting notices of cancellation.
4. The Student Center is operated for students registered at Winston-Salem State University and their invited guests.

General Guidelines for Student Behavior

Attending Winston-Salem State University is optional and voluntary. Students are obligated to perform and behave in a manner that is consistent with the lawful mission, functions, and processes of the institution. Therefore, students may be disciplined to ensure compliance or suspended from the university community. Moreover, the university reserves the right to review the status of students accused of violating local, state, or federal, or international laws.

1. Students are not to use or provide the university with false evidence. Students are not to furnish false or misleading information on university records or forms or knowingly misrepresent the facts pertaining to university policies and regulations.
2. Students are not to steal, deface, or destroy property of the university.
3. The possession or use of weapons (guns, knives, etc.), gun parts, fireworks, or other explosive materials on university property or at any student activity on or off campus is strictly prohibited by local law and university policy.
4. Students are not to start a fire, explode fireworks, use chemicals improperly, use a weapon, set off false alarms, or tamper with fire fighting equipment (hoses, sprinklers, fire extinguishers, etc.). Refer to section on weapons for more information.
5. Students are not to gamble on any property owned by Winston-Salem State University.
6. Students are not to exhibit behavior that threatens or endangers others or which that is of a lewd, indecent, obscene, or disorderly manner as defined by state statutes.
7. Students are not to use or possess alcoholic beverages on university premises or at any campus activity. Students under the age of 21 are prohibited by state law and university policy from possessing or consuming alcoholic beverages.
8. Students are not to possess, sell, or use illegal narcotic drugs on or in university owned property.
9. Students are not to engage in any form of fighting, physical abuse, harassment, verbal abuse, or disorderly conduct. Students who violate any of the above guidelines of behavior are subject to penalties which may include indefinite suspension from Winston-Salem State University.

Students who violate any of the above guidelines of behavior are subject to penalties which may include indefinite suspension from Winston-Salem State University.

Student Complaints Procedures

Winston-Salem State University (WSSU) is committed to respecting all members of the university community and providing a quality educational experience for all students. The objective of the Student Complaint Procedures is to ensure that the concerns and complaints of students are addressed fairly and are resolved promptly.  Complaints related to these procedures are usually the result of behavior that the student feels is unjust, inequitable, or creates an unnecessary hardship.

Students may file complaints if they believe a problem is not governed by other WSSU grievance or appeal policies and procedures. Complaints regarding student disciplinary decisions administered by the Office of Student Conduct, complaints of  sexual harassment administered by the Office of Equal Opportunity, or any other complaints where another university procedure could have been used for the matter being grieved may not be addressed pursuant to this procedure. The procedures set forth below may be used by grievants who are enrolled as students at Winston-Salem State University at the time of the grievance. The person filing the grievance must be the alleged victim of unfair treatment. A grievance cannot be filed on behalf of another person.   Students should seek to resolve the complaint with the individual or office (process)  that caused the concern. If the issue is not resolved, the student should file a written complaint with the supervisor of the employee or with the office in which the concern originated and provide the necessary documentation. This process can continue until it reaches the final arbiter of complaint resolution which is the vice chancellor of one of the divisions. If the complaint is with a vice chancellor then the chancellor or his designee is the final arbiter. If the complaint is with the chancellor, then the chair of the Board of Trustees is the final arbiter.   All complaints should be resolved as quickly as possible.  

Procedures
Students are encouraged to seek an informal resolution of their complaint directly with the employee or individual(s) involved. Often a complaint can be resolved in this manner. However, if an informal approach is neither successful nor advisable, the student should use the following procedure:

1.       The student should file a written complaint with the supervisor of the individual involved. The complaint should be initiated within 15 calendar days of the decision, action, or event(s) giving rise to the grievance. This time limit may be extended by the dean or vice chancellor with jurisdiction over the grievance, if the grievant makes the request for extension within the 15 day period, for good cause shown (e.g., an active effort at informal resolution at the department level, division level, or Office for Equal Opportunity).   The complaint must be submitted within the same semester as the incident occurred but may be extended for 10 business days into the next semester if the 15^th day falls during the summer.

2.       Upon receipt of a written complaint, a conference will take place with the student and the appropriate supervisor or his or her designee.

3.       The supervisor will notify appropriate persons and request any information or documentation needed to resolve the complaint.

4.       The supervisor will attempt to resolve the complaint by taking the appropriate action. The supervisor will make a written record of the action taken and notify the student of the actions taken, when appropriate, or that actions have been taken to resolve the concern.

5.       The student may request a review of the complaint with the next supervisor in the chain of command if he or she believes that his or her complaint has not been resolved.

6.       All relative documentation should be forwarded to each level of review by the student and the supervisor(s).

7.       The burden is on the grievant to establish by a preponderance of the evidence that the grievant has experienced an injury that would entitle the grievant to relief and that such injury is remediable.

Appeal Procedure:

Within 15 calendar days of receipt of the administrator’s decision, a student who is not satisfied with the response of the administrator after the initial review may seek further review by submitting the written grievance, together with the administrator’s written decision, to the appropriate vice chancellor. (If the administrator is a vice chancellor, the student should seek further review by the chancellor; if the administrator is the chancellor, the student should seek further review by the Chair of the Board of Trustees.). The senior administrator or officer may delegate another administrator to act on his/her behalf. The senior administrator’s action will be limited to a review of the basis for previous administrator’s decision and need not involve a de novo factual investigation. The senior administrator may, but is not required to, direct that further facts be gathered or that additional remedial action be taken. Within 15 calendar days of receipt of the request for review, the senior administrator shall submit his or her decision in writing to the student and to the person alleged to have caused the grievance. The written disposition shall include the reasons for the decision, and it shall direct a remedy for the aggrieved student, if any.

A copy of the final decision will be filed in the office from which the decision was rendered. Each of these offices will maintain a file of written complaints and the actions taken to resolve the complaints.

When possible, the final resolution (or a finding of “unresolved”) will be filed in one of the vice chancellor’s office or the chancellor’s office, as deemed appropriate.    Each of these offices will maintain a file of written complaints and the actions taken to resolve the complaints.

Weapons on Winston-Salem State University Property-Guidelines for Disciplinary Action

The possession of a weapon on WSSU property is a violation of state law, North Carolina General Statute #14-269.2, and university policy. The following guidelines are adopted in order to communicate to the staff, students, and the community the seriousness with which WSSU considers this act to be a violation of accepted standards of behavior and a threat to the safety of students and everyone in the university environment.

Disciplinary Actions

1. For the following offenses, a student shall be suspended immediately for an entire school year, to include fall and spring semesters, with no opportunity to return until a decision has been made on his or her appeal:
   1. Possession, whether openly or concealed, of any firearm, including a handgun, pistol, rifle, shotgun, or BB gun;
   2. Ammunition and related gun parts, including bullets, shotgun shells, BBs, pellets, magazines, clips, etc.;
   3. Possession or use of any explosive device, including but not necessarily limited to a bomb, grenade, or powerful fireworks;
   4. Use of (or intent to use) any knife, including a bowie knife, dirk, switchblade knife, dagger, hunting knife, or carving knife to threaten or harm another person;
   5. Use of (or intent to use) mace, pepper spray, or similar devices as an offensive weapon to injure or harm another person other than its use in self-defense.
2. A student shall be suspended indefinitely for the following offenses:
   1.   Possession of any knife, dagger or sharp-pointed object with a blade three inches long or longer, or an ice pick;
   2.   Possession of a blackjack or metallic knuckles;
   3.   Possession of any object that contains a razor blade or sharp edges for cutting or slashing (except a standard commercial razor that is used for shaving); or
   4.   Possession and use of a “toy” or “look like” weapon such as a gun or knife to scare, threaten, or harass another person.
3. A student who discharges a firearm on the property of Winston-Salem State University or at a university-funded event shall be suspended from the university indefinitely for a period to be no less than one year from the date of infraction.
4. A student who possesses and/or uses any form of weapon or item which may be construed as a weapon not listed or described above shall be disciplined in accordance with the Student Code of Conduct and Judicial Policies.
5. A student who is found in possession of a weapon a second time after having been previously suspended shall be expelled from the university.
6. Any weapon found on campus shall be confiscated.
7. The above disciplinary actions do not apply to the possession of weapons that have been approved in advance by the chancellor or his designee for instructional or school sanctioned  purposes, such as ROTC, a drama production, etc. Such items, however, must be registered with Campus Police and stored according to directions given by the vice chancellor for student affairs.

Notification of Law Enforcement Personnel

Any weapons violations shall be reported to the Department of Public Safety immediately.

WSSU Department of Public Safety enforces all laws—local, state and federal—by action of the WSSU Board of Trustees, September 1997, reorganizing the Department under N.C. General Statute 116.

Adjudication

Individuals charged with violation(s) of this policy will be granted a hearing and due process considerations as outlined in the Code of Conduct.

Winston-Salem State University Policy on Illegal Drugs

Winston-Salem State University does not condone the possession, use, or sale of illegal drugs among its students, staff, or faculty. As a state-supported institution, the university is bound by all North Carolina drug laws for employees as well as students. The use and abuse of drugs are incompatible with the university’s goals. Every effort will be made by the university to inform its constituents in order that they might make intelligent decisions regarding drugs. The institution will circulate this policy widely to students, faculty, staff, and administrators.

Objectives

1. To make university constituents aware of the short- and long term effects and dangers of drug use on mental and physical health.
2. To deter university constituents from illegal drug use/abuse.
3. To provide resources for individual and group counseling about drug abuse.
4. To publicize the Institutional Drug Policy statement.

1. Education, Counseling, and Rehabilitation
    

   1. Winston-Salem State University will establish and maintain a program of education designed to help all members of the university community avoid involvement with illegal drugs. This educational program will emphasize the following:
       
      1. The incompatibility of the use or sale of illegal drugs with the goals of the university.
      2. The legal consequences of involvement with illegal drugs.
      3. The medical implications of the use of illegal drugs.
      4. The ways in which illegal drugs jeopardize an individual’s present accomplishments and future opportunities.
   2. In its program of education, the university will utilize campus-based and community-based resources and organizations. The Counseling Center staff members will be available to assist university persons who seek information regarding drug counseling and rehabilitation services. The Health Center staff will make medical determinations, render counseling where appropriate, and make referrals as needed. Also, a resident assistant will make referrals to appropriate university personnel. Peer educators sponsor substance abuse education and awareness activities campus wide.

Campus-Based Resources

Drug Prevention Week
Seminars Films
Video Cassette Presentations
Printed Materials
Use of the Campus Radio Station/Student Newspaper
Council on Drug Abuse
First Line
Alcoholism Residential Care Authority
Salem Psychiatric Associates
Reynolds Health Center
Forsyth Stokes Mental Health Clinic
Employee Assistance Program

2. Enforcement and Penalties
    

   1. Winston-Salem State University will 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 will be publicized in catalogs and other materials prepared for all enrolled and prospective students and in materials distributed to faculty members, administrators and other employees.
   2. 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 of Chapter 90 of the North Carolina General Statutes. Any member of the university community who violates this law is subject both to prosecution and punishment by the civil authorities and the university. The university will 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.
   3. 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 Faculty Tenure Regulations and the Student Handbook.
   4. The penalties to be imposed by the university may range from a written warning with probationary status to expulsions from enrollment and discharges from employment. However, the following minimum penalties will be imposed for the particular offenses
       

3.  Trafficking in Illegal Drugs
    

   1. For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in schedule 1,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 will be expelled and any faculty member, administrator or other employee will be discharged.
   2. For a first offense involving the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedules III through VI, N.C. General Statutes90- 91 through 90-94, (including, but not limited to, marijuana, phenobarbital, codeine) the minimum penalty will be suspension from enrollment or from employment for a period of at least one semester or its equivalent. For a second offense, any student will be expelled and any faculty member, administrator, or other employee will be discharged.
       

4. Illegal Possession of Drugs
    

   1. 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 will 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 of any controlled substance identified in Schedules III through VI, N.C. General Statutes 90-91 through90- 94, the minimum penalty will 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’s designee deems appropriate. Refusal or failure to abide by the terms of probation will result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation.
   3. For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties will be imposed, including expulsion of students and discharge of faculty members, administrators or other employees.
   4. 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.

Institutional Drug Policy Statement

The following drug policy statement will be incorporated in the Student Handbook and the Faculty-Staff Handbook. Students, faculty members, administrators, and other employees of Winston-Salem State University 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 substance” in Article 5 of Chapter 90 of the North Carolina General Statutes. Any member of the university community who violates this law is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by Winston- Salem State University. Disciplinary proceedings against a student, faculty member, administrator, or other employee will be initiated when the alleged conduct is deemed to affect the interest of the university. On November 1988, Congress enacted the Drug-Free Workplace Act. The law, which became effective on March 18, 1989, had six (6) basic requirements which apply to all persons contracting with or receiving grants from any federal agency. In addition, Winston-Salem State University is hereby putting employees on notice that, as a condition of employment, all employees must abide by the terms of the Illegal Drug Policy and that the employee must notify the employer of any criminal drug conviction occurring in the workplace no later than five (5) days after conviction.

Winston-Salem State University will notify the federal granting or contracting agency within ten (10) days after receiving notice that an employee directly engaged in the grant or contracting work was convicted of a drug offense in the workplace. The appropriate vice chancellor, the Director of Personnel, the Drug Coordinator and the chancellor will be responsible for the mechanics of this direct notification. Winston-Salem State University will either impose sanctions on, or require the satisfactory participation in a drug abuse or a rehabilitation program by any employee convicted of a drug-related violation in the workplace. Disciplinary action against an employee convicted of a drug offense in the workplace will commence within 30 days of notice of the conviction. Penalties will be imposed for violation of the policies of Winston-Salem State University only in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators and other employees. The penalties that may be imposed range from written warnings with probationary status to expulsions from enrollment and discharges from employment. Every student, faculty member, administrator, and other employees of Winston-Salem State University are responsible for being familiar and complying with the terms of the policy on illegal drugs adopted by the Board of Trustees. Copies of the full text of this policy appear in the Student Handbook and the Faculty-Staff Handbook.

Implementation/Reporting Procedures

1. The Winston-Salem State University Board of Trustees has adopted the policy on illegal drugs. The chancellor is required to file a copy of this policy with the president and will notify her/him of any changes made herein.
2. The chancellor or his or her designee will make required revisions necessary to keep these policies and programs current.
3. The chancellor’s designee will be the Coordinator of Drug Education. On the Winston-Salem State University campus, this person is presently the vice chancellor for student affairs who will be responsible for overseeing all actions and programs relating to this policy. Each year, the chancellor will submit appropriate reports to the Board of Trustees as well as the president of The University of North Carolina.

Winston-Salem State University Policy on Alcoholic Beverages

In general, the University does not endorse the consumption of alcoholic beverages. Effective September 1, 1996, the North Carolina Alcoholic Beverage Control laws made it unlawful for any person under 21 years of age to purchase, possess, or consume such beverages, or for anyone to aid or abet such a person in purchasing, possessing, and consuming any alcoholic beverage.
The university recognizes the health risks associated with the use of illicit drugs and the abuse of alcohol. As a depressant, alcohol gives a feeling of well-being, it causes a loss of coordination, and it intoxicates and leaves one with a hangover.

Some of the hazards of abuse include the following:

1. Physical and psychological dependence can develop.
2. Long-term heavy drinking is a factor in liver and heart damage, malnutrition, cancer, and other illnesses.
3. Driving under the influence can cause accidents because of slowed reflexes, disorientation, etc.

All requests to serve alcoholic beverages on campus or at university-sponsored events must be approved by the chancellor.

The following are applicable to the Winston-Salem State University community:

1. Under no circumstances may any type of alcoholic beverages be sold by any persons or organization, or corporation on the campus of Winston-Salem State University, excluding previously cited exceptions.
2. It shall be unlawful for any person to consume any malt beverage, wine—fortified or unfortified—in any public place or upon any public street or upon the private business premises of WSSU, or liquor/whiskey in any public place, upon any public or university street or parking area, upon the private premises of the university, or in or around any residence hall or institutional facility or building.
3. It is unlawful for anyone to aid or abet a person less than 21 years of age in purchasing, possessing, or consuming alcoholic beverages.
4. University-sponsored off-campus affairs at which alcoholic beverages are served shall be governed by all applicable local, state, and federal laws.
5. Drunkenness coupled with disorderly conduct will not be tolerated. The institution will impose disciplinary sanctions on students and employees (consistent with local, state, and federal laws), up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct. A disciplinary sanction may include the completion of an appropriate rehabilitation program.

Winston-Salem State University Smoking Policy

In order to promote a safer and more healthful working and learning environment Winston-Salem State University has adopted the following smoking policy. The policy is designed to:

• Reduce the involuntary exposure of non-smokers to environmental tobacco smoke.
• Provide reasonable accommodations for smokers.

The contents of this policy are governed by NCGS 143-595, et. Seq.

Smoking Prohibited

Smoking, including cigarettes, pipes, and cigars is prohibited:

• In all university buildings—academic, administrative, and residence halls—except as noted under Designated Smoking Areas.
• In all classrooms, conference rooms, laboratories, restrooms, elevators, and corridors.
• In all university vehicles unless assigned only to one person.
• Outside of building entrances/exits, near building ventilation systems or in indoor common areas where non-smokers may have to pass through smoke emitted by smokers. Smokers are expected to remain a reasonable distance away from building entrances when smoking.

Designated Smoking Areas

• Hauser Building loading dock.
• Areas outside of buildings where smoke will not be recirculated to other parts of the building.
• In residence halls, individual rooms may be designated “smoking permitted” or “non-smoking” by agreement between occupants and the Office of Residence Life. Students may request to live in a “non smoking” or “smoking permitted” room. In all cases, the right of a non-smoking student to protect his or her health and comfort will take precedence over another student’s desire to smoke. Smoke from a “smoke permitted” room must be directly vented to the outside by an exhaust fan or open window. Smoke must not be allowed to recirculate to other parts of the building. Smoking is not permitted in common areas including, but not limited to: corridors, bathrooms, stairwells, lounges, elevators, laundry rooms, etc. Students should consult the residence hall directors and residence hall policies when smoking issues arise in a residence hall.

Enforcement

All faculty, staff, and students are responsible for adhering to and enforcing this policy. Any conflicts should be brought to the attention of the immediate supervisor or appropriate staff. Employees (smokers and non-smokers) may also request the assistance of the Health and Safety Director to address compliance with this policy. When consulted, the Health and Safety Director will address the problem with the workplace supervisor and advise on possible accommodations. In all cases, the right of a non-smoker to protect his or her health and comfort will take precedence over another person’s desire to smoke. For employees, a first reported violation of this smoking policy will result in an oral warning, a second violation will result in a written reprimand, and a third violation will result in disciplinary action. Smoking in violation of this policy is considered a personal conduct issue and is subject to disciplinary action up to and including dismissal from employment for employees. Students found smoking in violation of this policy will receive two warnings before being subject to sanctions under the Student Code of Conduct.

North Carolina General Statutes (143-598(b) states, “Any person who continues to smoke in a non-smoking area…following notice by the person in charge of the State-controlled building or area or their designee that smoking is not permitted shall be guilty of an infraction and punished by a fine of not more than twenty five dollars ($25.00).”

Signage

Appropriate signage will be posted in designated smoking and non-smoking areas.

Smoking Cessation

Students, faculty, and staff desiring to cease smoking may contact the University Counseling Center at 750-3270 for assistance. This policy became effective May 1, 2001.This policy became effective May 1, 2001.

Winston-Salem State University Policy Concerning Disruptive Conduct

Winston-Salem State University has long honored the right of free discussion and expression, the right of peaceful picketing and demonstrations, and the right of petition and peaceable assembly. That these rights are a part of the fabric of the institution is not questioned. They must remain secure. It is equally clear, however, that in a community of learning, willful disruption of the education process, destruction of property, and interference with the rights of other members of the community cannot be tolerated.

Definition of Disruptive Conduct

Any student who willfully, by the use of violence, force, coercion, threat, intimidation, or fear obstructs, disrupts, or attempts to obstruct or disrupt the normal operations or functions of the university, or who advises, procures, or incites others to do so shall be subject to disciplinary action to include suspension or expulsion from the university. The following, while not intended to be exclusive, illustrates the offenses encompassed herein:

1. Occupation of any university building or part thereof with intent to deprive others of its use;
2. Blocking the entrance or exit of any university building or corridor or room therein;
3. Setting fire to or by any other means substantially damaging any university premises;
4. Except as necessary for law enforcement, any display of or attempt to threaten to use firearms, explosives, or other weapons for the purpose of intimidation in any university building or on the campus;
5. Prevention of the convening, continuation, or orderly conduct of any university class or activity or of any unlawful meeting or assembly in any university building or on the campus;
6. Inciting or organizing attempts to prevent attendance at classes; and
7. Except with the permission of the vice chancellor for student affairs, blocking normal pedestrian or vehicular traffic on the university campus.3

Disorderly Conduct

For the protection and convenience of all of the community, university regulations prohibit disorderly conduct. Students participating in any unauthorized mass demonstrations or whose presence and/or actions constitute or abet a general disturbance, or who fail promptly to obey an order to disperse given to a group by any university authority or by any duly constituted law enforcement officer, shall be subject to disciplinary action, which may include suspension or expulsion from the university, pending a hearing before an appropriate hearing body.

Winston-Salem State University Policy on Campus Demonstrations and Disruption of University Activities

Winston-Salem State University respects the rights of all groups or individuals to express opinions, publicly and privately, regarding matters relating to their welfare while members of the university community. The university also respects the rights of each member of the academic community to be free from coercion and harassment.

Every effort will be made to understand grievances and to solve problems, thus eliminating the need for major protests. Established lines of communication that provide channels for orderly expression of thoughts will remain open at all times. The lines formulated are in three categories—Student Affairs, Academic Affairs, and Administrative Matters. Areas of concern may be dealt with within a single category or they may require the services of one or both of the other categories. Members of the university community are expected to follow these lines of communication before organizing a protest.

The university cannot condone disruptive or destructive picketing, protesting, or demonstrating which interferes with the normal operations of the university. Unauthorized occupancy of or damage to buildings or property or materials therein, whether they are in use or not, is prohibited. Persons engaged in such activities will be subject to disciplinary action, including suspension or expulsion.

In instances of demonstrations and/or disruptive activities, to return the campus to normal functioning, the administration may take immediate disciplinary actions which may be of a temporary nature pending a hearing by an investigating committee. This committee will consist of two faculty members; one Student Affairs official appointed by the chancellor or a designated representative and two students, namely the president of the Student Government Association and the secretary of judicial affairs. The committee chair will be designated by its members. Detailed records of all proceedings will be maintained and a report will be made to the chancellor. The decision of the investigating committee shall be final if the accused is exonerated or if there is no appeal. Appeals may be taken to the chancellor. Such appeal shall be based solely on the records of the proceedings of the investigating committee. All appeals must be submitted in writing; in addition, the chancellor may require an oral argument.

It is the aim of the university to work with students for their total welfare and development. This is done neither through fear nor distrust. Therefore, unrest should be defined and brought into the open honestly, and a feasible solution should be sought.

Any person who interferes with the academic or operational functions of the university will be asked to cease and desist. If he or she does not do so, the following steps will be taken:

1. The individual who is interfering with the academic or operational functions of the university will be asked to identify him or herself.
2. If the individual refuses to identify him or herself or to cease and desist, he or she will then subject himself or herself to arrest, and will, after being identified by the police, be charged with appropriate civil law violations.
3. The individual who is interfering with the academic or operational functions of the university who refuses to identify himself or herself or to cease and desist, will also subject himself or herself to immediate suspension from the university and be informed of the opportunity for an appeal hearing to be established at the earliest feasible date.

Winston-Salem State University Policy on Posting and Distribution of Notices and Printed Materials

Publications and printed materials may be distributed on the campus only if the originator is clearly identified, and in places and times designated by the university policy on distribution and posting of notices and printed materials. Distributors have a moral obligation not to litter the campus. No signs are to be posted or painted on trees, building exteriors, sidewalks, glass or painted surfaces, wood or plaster walls or fixtures, or in any place or manner that defaces the surface used. Notices may not be posted on stair rails or doors if they block or obstruct one’s view. Notices must carry the name of the organization or individual sponsoring the event, and the sponsoring organization or individual is responsible for the removal of its own outdated notices. Notices of events (e.g., movies, dances, and concerts) sponsored by off campus businesses or groups are permitted only in designated areas on campus and with the approval of the director of student activities. Copies of advertisements (e.g., signs, posters, and flyers) for all events sponsored by and for students and student organizations must be filed with the director of student activities. Advertisements for activities other than for entertainment must be cleared through the Office of the Vice Chancellor for Student Affairs.

Signs, posters, banners, and other posted printed materials must be removed within 24 hours after the event has been held.

Winston-Salem State University Class Disruption Policy

Occasionally student misconduct may disrupt a class. In such cases the faculty member may request the disruptive student to leave the classroom immediately so that the class may continue. If the student refuses to leave the class immediately, the instructor may contact Campus Police to have the student physically removed from the classroom.

At the close of class, the instructor should notify the department head of the incident and discuss any further measures to be taken. The Department head shall immediately prepare a written notice to the student not to attend that class until a hearing or mediation has occurred. The notice shall be provided to the faculty member, the student, and the student conduct officer.

Such situations may be resolved, at the discretion of the faculty member, through mediation and/or the student conduct system outlined in the Student Handbook. The mediator may be the Department Head or a third party mediator. Mediation shall occur prior to the next scheduled class session that the disruptive student would attend. A Department Head serving as a mediator shall be subject to the same guidelines as a third party mediator, including the requirement of confidentiality. Mediation would be arranged through the student conduct officer. That office would be responsible for notifying the student of a request for mediation. If mediation is successful, no further action shall be taken. A report of mediation, indicating only that mediation was or was not successful, would be filed with the student conduct officer. If mediation is successful, a copy of the resulting mediation agreement will be provided only to the faculty member and the student. If mediation is not attempted, or if mediation is unsuccessful, the faculty member shall within 24 hours, file a disruptive behavior referral form* with the Division of Student Affairs. The Division of Student Affairs shall initiate proceedings under the Code of Conduct.

Pending outcome of the mediation or student conduct process, a determination will be made about graded assignments.

*A copy of the disruptive behavior referral form can be found in the public folders under Student Affairs. Faculty members should familiarize themselves with the procedures under the Student Judicial Code found in the Student Handbook.

Approved by: Cabinet June 3, 2002
Adopted by: Board of Trustees June 21, 2002

Improper Relations between Students and Employees

Effective Date: This policy becomes effective upon adoption by Board of Trustees. Adopted: This 19th day of June, 2009.

Winston-Salem State University Policy Statement on Sexual Harassment and Sexual Violence

In accordance with the University’s EEO and Non-Discrimination Policy, discrimination and harassment based on an individual’s Protected Class is strictly prohibited. Sexual Harassment and Sexual Violence are considered to be forms of sex discrimination. Sexual harassment by any member of the university is a violation of both law and university policy. Accordingly, no academic or personnel decisions, such as awarding of grades and jobs, shall be made on the basis of granting or denial of sexual favors. For the purposes of this policy, sexual harassment is defined as follows:

DEFINITIONS

Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct when:

(1) submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment or academic advisement;

(2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or

(3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.

Sexual Violence - Sexual harassment includes sexual violence, defined as “physical acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual may also be unable to give consent due to an intellectual or other disability. A number of acts fall into the category of sexual violence including rape, sexual assault, sexual battery, and sexual coercion.

All such acts of sexual violence are forms of sexual harassment covered under Title IX of the Education Amendments of 1972”, (20 U.S.C §§ 1681 et seq., 34 CFR Part 106.)

Consent – for the purposes of this Policy, consent means words or actions demonstrating a knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent cannot be obtained by force, by ignoring or acting in spite of the objections, or by taking advantage of the incapacitation of an individual. Silence or a lack of resistance is not consent. Consent to one sexual act does not constitute consent to any other sexual act.

Employees are cautioned that where a power differential exists, i.e., faculty-student, supervisor-employee—if a charge of sexual harassment is brought, the defense of mutual consent may be difficult to prove. The University reserves the right to determine whether to pursue violations of policy by students or employees, including a complainant or witness, which come to light during an investigation of an incident of sexual harassment.

REPORTING OPTIONS

Employees

Any applicant, current or former employee wishing to report an incident that violates this Policy should refer to the Resolution Procedures for Sexual Harassment and Sexual Violence, or contact the EEO/AA & Diversity Officer and Title IX Coordinator, Ms. Silvia Ramos at 336-750-8759,

ramossc@wssu.edu , 115 Blair Hall. Any employee that is made aware of an allegation of sexual harassment or sexual violence is required to report it to the Title IX Coordinator, with the exception of licensed counselors and psychologists at the University Counseling Center. Failure to report an allegation of sexual harassment or sexual violence may result in disciplinary action, up to, and including dismissal.

Students

Any student wishing to report an incident that violates this Policy, should refer to the Resolution Procedures for Student Complaints of Sexual Harassment Sexual Violence, or contact the Deputy title IX Coordinator for Student Affairs, Ms. Natasha Jeter at 336-750-8663, jeffreysnh@wssu.edu , 307 Thompson Student Center.

Private vs. Confidential Reporting Resources

Under this Policy, privacy generally means that information related to a report under this Policy will only be shared with those University employees who “need to know” in order to assist in the active review, investigation, or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process. By contrast, confidential reporting resources will NOT disclose individually identifiable information related to a report without the individual’s express written permission, unless there is a continuing threat of serious harm to the patient/client or to others or there is a legal obligation to reveal such information (e.g., where there is suspected abuse or neglect of a minor). University reporting resources include:

1) Licensed University Counselors (Confidential)

The Counseling Center

A.H. Ray Student Health Services

Winston Salem State University

601 Martin Luther King Jr. Dr.

Suite 244, Winston-Salem, NC 27110

(336) 750-3270

http://www.wssu.edu/campus-life/dean-of-students/wellness-center/counseling-center/default.aspx

2) Office of Interpersonal Violence Prevention

Ms. Patricia Eaddy, Director

301- H Thompson Student Center

601 Martin Luther King Jr. Dr.

Suite 244, Winston-Salem, NC 27110

(336) 750-3313

eaddypa@wssu.edu

http://www.wssu.edu/campus-life/dean-of-students/ivp/default.aspx

3) Office of EEO/AA & Diversity, Title IX

Ms. Silvia Ramos, EEO/AA & Diversity Officer & University Title IX Coordinator

115 Blair Hall

601 Martin Luther King Jr. Dr

Winston-Salem, NC 27110

(336) 750-8759

ramossc@wssu.edu

http://www.wssu.edu/administration/eeo-aa/policies-and-procedures.aspx

4) Office of the Vice Chancellor for Student Affairs

Ms. Natasha Jeter, Special Assistant to the Vice Chancellor for Student Affairs & Deputy Title IX Coordinator

307-E Thompson Student Center

601 Martin Luther King Jr. Drive

Winston-Salem, NC 27110

(336) 750-8663

jeffreysnh@wssu.edu

http://www.wssu.edu/campus-life/dean-of-students/student-conduct/student-policies.aspx

5) Winston-Salem State University Campus Police

Old Maintenance Public Safety Building

601 Martin Luther King Jr. Drive

Winston-Salem, NC 27110

(336) 750-2902

www.wssu.edu/administration/campus-police

FALSE REPORTING STATEMENT

The sexual harassment policy is designed to encourage students, faculty, and staff to express freely, responsibly, and in an orderly way their opinions and feelings about any problem or complaint of sexual harassment. The university takes allegations of sexual harassment and sexual violence very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual harassment/violence during an investigation of such a complaint or report may be subject to discipline or under certain circumstances, legal action. Complaints of conduct that are found not to violate policy are not assumed to be false. Any act by a university employee or agent of retaliation, reprisal, interference, restraint, penalty, discrimination, coercion or harassment-overtly or covertly-against a student or an employee for using the policy, will necessitate appropriate and prompt disciplinary action.

Equal Employment Opportunity and Non-Discrimination Policy

It is the policy of the State of North Carolina to provide equal opportunity in education and employment to all qualified persons, and to prohibit discrimination based on race, color, national origin, religion, sex, sexual orientation, gender identity, age, veteran status, disability, genetic information1 or political affiliation, except where religion, sex or age are bona fide job-related employment requirements. This is in keeping with Title VII of the Civil Rights Act of 1964 as amended, Executive Order 11478 and 11246, the Rehabilitation Act of 1973, the Civil Rights Restoration Act of 1988, the Americans with Disabilities Act of 1990, NC G.S. 126-16 and 126-17, and other applicable Federal and State laws. Consistent with the policy of the State of North Carolina, WSSU is an equal opportunity employer.

Winston-Salem State University prohibits sexual harassment, including sexual violence. The Director of EEO/AA and Diversity Officer has been designated to handle inquiries regarding non-discrimination policies and to serve as the overall campus Title X Coordinator, EEO/AA and Diversity Officer. For further information on notice of non-discrimination, contact the campus Title IX Coordinator, Office of Equal Employment Opportunity/Affirmative Action and Diversity, 115 Blair Hall, Winston-Salem State University, Winston-Salem, North Carolina, 27110, 336-750-8759 or visit https://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm, for the Office of Civil Rights, United States Department of Education.

In furtherance of this policy, Winston-Salem State University prohibits retaliatory action of any kind taken by any employee of Winston-Salem State University against any other employee or applicant for employment because that person made a charge, testified, assisted or participated in any manner in a hearing, proceeding or investigation of employment discrimination.

Affirmative Action Program

To ensure that equal employment opportunity exists throughout the university, a results- oriented program will be implemented to overcome the effects of past discrimination and to eliminate any artificial barriers to employment opportunities for all qualified individuals that may exist in any of our programs. This program, otherwise known as the Affirmative Action Program shall ensure greater utilization of all persons by identifying the underutilized groups in the workforce and making special efforts to increase their participation in recruitment, selection, training and development, upward mobility programs and many other terms, conditions, or privileges of employment.

Program objectives and timetables shall be established to reduce and eliminate underutilization through the equal employment opportunity plan and program. Responsibility for the development of this plan and program is assigned to the Equal Employment Officer. However, responsibility for the implementation of and compliance with this plan and program will be shared by all managers and supervisors. The equal employment opportunity program will be evaluated and monitored continuously. Periodic reports on the progress of this program will be presented to the Chancellor by the Equal Employment Officer.

The Chancellor is committed to this program and is aware that with its implementation, positive benefits will be received from the greater utilization and development of previously underutilized human resources. Any individual with a concern, grievance or complaint of discrimination, harassment or retaliation should seek redress through the Office of Equal Employment Opportunity/Affirmative Action & Diversity, (336) 750-8759, 115 Blair Hall, Winston-Salem, NC 27110.

Adopted the 26th of February, 2001

Amended the 24th day of February 2012

Amended the 21st day of June 2013

Amended this the 19th day of December 2014

Resolution Procedures for Discrimination and Harassment Complaints

1. All formal complaints of discrimination and harassment should be filed directly within the Office of EEO/AA & Diversity, by completing the Discrimination and Harassment Complaint Form within 30 days of the most recently alleged harassing action. (Title IX Coordinator and EEO/AA & Diversity Officer, Ms. Silvia Ramos, 336-750-8759, ramossc@wssu.edu , 205 Blair Hall).

2. Once the complaint has been received by the investigator, a preliminary administrative review shall be used to determine if the allegations within the complaint are in violation of WSSU’s EEO and Non-Discrimination Policy, or related policies. If the preliminary review indicates a potential violation of the Policy, an impartial investigation into the allegations will begin. If the preliminary administrative review indicates that the allegations within the complaint are not in violation of the aforementioned policies, the investigator shall terminate the resolution complaint process. Termination of the complaint resolution process following a preliminary administrative review bars the issue from other university complaint/grievance resolution processes.

3. Winston-Salem State University shall respond with appropriate remedial action including any grievance committee hearing, within 60 calendar days* from receipt of written complaint unless the 60 day period has been waived and the complainant has acknowledged such waiver. Waiver and acknowledgement shall be in writing.

*If extenuating circumstances require more than the allotted 60 day period for effective resolution, the complainant will receive written notification of extenuating circumstances.

4. Winston-Salem State University shall provide a written response to the complainant, including the resolution procedures, when the University has determined what action, if any, will result from the written complaint.

5. After the University’s 60 calendar days*, the response period has expired and the complainant may appeal directly to the Office of Administrative Hearings within 30 calendar days if not satisfied with the University’s response.

6. An individual with a complaint or grievance concerning a denial of employment, promotion, or transfer, or concerning a demotion, layoff, transfer or termination due to discrimination based on age, sex, race, color, national origin, genetic information, religion, creed, political affiliation or handicapping condition as defined by G. S. 168A-3, or a grievance based on retaliation for opposition to alleged discrimination may still appeal directly to the Office of Administrative Hearings.

7. Complaints may be filed simultaneously under Title VII with the Equal Employment Opportunity Commission (EEOC).

8. Complaints brought against WSSU students by WSSU students, faculty, staff, administrators, or visitors are governed by the procedures presented in the WSSU Student Code of Conduct (Deputy Title IX Coordinator, Ms. Natasha Jeter, 336-750-8663, jeffreysnh@wssu.edu )

9. Complaints or grievances against WSSU SPA Staff by WSSU students, faculty, staff, administrators, or visitors are governed by the grievance procedures stated in the WSSU SPA Mediation and Grievance Policy.

10. Complaints or grievances against WSSU EPA Non-Faculty by WSSU students, faculty, staff, administrators, or visitors are governed by the grievance procedures stated in the WSSU Policy for EPA Non-Faculty Employees, Sections IV, VII, and VIII.

11. Complaints or grievances against WSSU faculty members by WSSU students, faculty, staff, administrators, or visitors are governed by the grievance procedures stated in the WSSU Faculty Handbook.

12. Appeals procedures are governed by the corresponding documents outlined in items #8-11 above. Appeals may be filed with the corresponding committees on the following grounds:

a. Denial of due process

b. New or newly discovered evidence previously unavailable

c. Error in evidence

Department of Disability Services

Welcome to the Department of Disability Services. If you have a documented disability and are a Winston-Salem State University Student or Employee, this department is here to assist you with any barriers you may encounter while you are here. Disability Services works to ensure all WSSU Faculty, Staff and Enrolled Students have an equal opportunity to participate in all aspects of collegiate life. The singular most important issue is equal access. Please take the time to complete the accommodation request form. Once your documentation and request form are received, you will be contacted to make sure this office is clear about how we can be of assistance.   Disability Service Webpage http://www.wssu.edu/administration/eeo-aa/dept-of-disability-services/default.aspx

Winston-Salem State University Policy on Acquired Immune Deficiency Syndrome (AIDS)

Students and employees of Winston-Salem State University who may become infected with the AIDS virus will not be excluded from enrollment or employment, or restricted in their access to university services or facilities, unless medically based judgments in individual cases establish that exclusion or restrictions are necessary to the welfare of the individual or of other members of the university community. Persons who know, or have reasonable basis for believing, that they are infected are expected to seek expert advice about their health circumstances and are obligated, ethically and legally, to conduct themselves responsibly in accordance with such knowledge for the protection of others.

Persons who know that they are infected are urged to share that information with the director of student health services, so the university can respond to their health and educational needs. Such information will be disclosed to responsible university officials only on a strictly limited need-to-know basis, unless the individual consents in writing to other releases of the information. The university is obligated by law to disclose to public health officials information about all confirmed cases of active AIDS.

Religious Accomodation Policy

Winston-Salem State University strives to ensure that applicants, employees, students, or visitors do not suffer discrimination because of religion or national origin. The University does not discriminate against any qualified student, employee or applicant for employment because of race, sex, creed, religion, national origin, age, color, handicapping condition, sexual orientation, veteran’s status, political affiliation, or genetic information. Please refer to WSSU’s EEO and Non-Discrimination Policy.

WSSU accommodates the religious observances and practices of employees and students except where such accommodation causes undue hardship on the conduct of the University’s business, but always in compliance with applicable law. The extent of the University’s obligation is determined initially by considering statutory requirements, and any obligation of accommodation beyond that shall be determined with consideration of business necessity, financial costs and expenses, and resulting personnel and/or academic problems.

The person requesting the accommodation is obligated to cooperate with the University’s attempts to accommodate the request. When more than one accommodation is possible, the University may select any of the accommodations, provided the accommodation will effectively eliminate the religious conflict. Please contact the Office of EEO/AA & Diversity at (336) 750-8759 to request the Procedures for Requesting Religious Accommodations for Faculty and Staff.

In accordance with federal and state regulations, as well as WSSU policy, retaliation against people (applicants, students, employees) because they filed a charge of discrimination or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit) is illegal.

Any individual wishing to report a violation of this policy should contact the Office of

EEO/AA & Diversity at (336) 750-8759.