Social Regulations and Standards of Conduct

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 adviser’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. Students are not to use profanity and/or vulgar language or gestures which are deemed to be offensive and/or inappropriate for community living or an institution of higher learning.
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.

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 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

Community-Based Resources

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.
   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 described. Note: The State Personnel Act preempts this policy as it relates to SPA employees and as such employees, thus, may be subject to penalties different from those prescribed.

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 Statutes 90-91 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 through 90-94, 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 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 that 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 employee of Winston-Salem State University is 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 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 that 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 person, organization, or corporation sell any type of alcoholic beverage 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 under 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 al. 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 Judicial Code.

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.

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, and 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.

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 action that 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 himself or herself.
2. If the individual refuses to identify himself 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 judicial officer.

Such situations may be resolved, at the discretion of the faculty member, through mediation and/or the student judicial system outlined in the Graduate 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 judicial 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 judicial 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 Student Judicial Code.

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

*A copy of the disruptive behavior referral form can be found on the public folders under Student Affairs.

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

Winston-Salem State University Policy Statement on Sexual Harassment

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:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment 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.

As defined above, sexual harassment is a specific form of discrimination in which power inherent in a faculty member’s or supervisor’s relationship to his or her students or subordinates is unfairly exploited. While sexual harassment most often takes place in a situation of power differential between persons involved, this policy recognizes also that sexual harassment may occur between persons of the same university status, i.e., student-student, faculty-faculty, staff-staff.

The sexual harassment policy is designed to encourage students, faculty, and employees to express freely, responsibly, and in an orderly way their opinions and feelings about any problem or complaint of sexual harassment. Any act by a university employee or agent of 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. This policy shall not be used frivolously, falsely or maliciously to convey charges against fellow students, faculty members, or employees.

Consensual Relationships

While consenting romantic and sexual relationships between faculty and student, or between supervisor and employee, are not expressly forbidden, such relationships are deemed inappropriate.

Faculty are warned 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 will be exceedingly difficult to prove.

Procedures for Handling Complaints of Sexual Harassment—Initial Grievance Procedure

The Affirmative Action Officer or a designated member of the Affirmative Action Committee shall be responsible for receiving and processing complaints of alleged sexual harassment. The initial investigation may lead to one of several steps:

1. First, an attempt will be made to resolve the question informally through confidential mediation, counseling, or informal discussion with the Affirmative Action Officer or through the university’s Counseling Center.
2. If the complaint cannot be resolved informally, the complainant can file a formal written complaint with the Affirmative Action Officer. The complaint shall set forth in detail the nature of the grievance and against whom the grievance is directed.
3. The Affirmative Action Officer shall contact and forward said complaint to the respondent and request respondent to reply to the written complaint within ten (10) days of receipt of the complaint. The filing of such response shall be mandatory and the person responding shall be required to indicate denial in whole or in part, or agreement with the assertions in whole or in part. Failure to respond shall be deemed a breach of academic responsibility requiring the Affirmative Action Officer to notify the vice chancellor of academic affairs, or other appropriate vice chancellor of such failure to respond to complaint.
4. Upon receipt of the response, the Affirmative Action Officer may further investigate the complaint and may schedule a meeting of the parties. If there is no settlement between the parties, the complaint shall be forwarded to the Affirmative Action Committee for recommended action, unless the Affirmative Action Officer’s investigation shows the complaint has no merit.

Winston-Salem State University on Racial Harassment

It is the policy of Winston-Salem State University to conduct and provide programs, activities, and services to students, faculty, and staff in an atmosphere free from racial harassment. Racial harassment is any behavior that would verbally or physically threaten, torment, badger, heckle, or persecute an individual because of his or her race.

Racial harassment of university faculty, staff, students, or visitors is prohibited and shall subject the offender to appropriate disciplinary action. This policy applies to prohibit such conduct from one student to another.

Students who feel that they have been subjected to racial harassment can seek advice from the Counseling Center. A formal complaint against a faculty or staff member must be filed with the faculty or staff member’s immediate supervisor. If a student is not satisfied with the response from the supervisor, that employee’s supervisor may then be contacted. The student, if continuously dissatisfied with the response to his or her complaint, may file the complaint, ultimately, all the way to the vice chancellor of the area. Complaints against another student must be filed with the Vice Chancellor for Student Affairs, who will investigate the alleged incident.

Rules of Procedure for Affirmative Action Committee Grievance Hearings

The Affirmative Action Committee Grievance Hearings are for the purpose of advising and fact-finding which includes the following:

1. A calendar of the hearings in a sexual harassment grievance proceeding shall be fixed by the chair of the Affirmative Action Committee as expeditiously as possible. The chair will notify the parties involved of the time and place of the hearing.
2. Any hearing shall be conducted in accordance with basic and traditional principles of fairness and in accordance with procedures that guarantee due process to the complainant and respondent.
3. Although the hearings shall not be unduly restricted by the rules of procedure of evidence, the following procedures will be adhered to:
   1. Both parties may have legal representation at the hearing. If the claimant or respondent chooses to hire legal representation, the parties shall assume all costs for his/her presentation.
   2. The charges and the evidence shall be presented by the complainant or his/her legal representative. Either party may request the privilege of presenting witnesses, subject to the right of cross-examination by opposing side.
   3. The chair of the Affirmative Action Committee shall preside over the hearing. However, the entire committee may address questions to any party to the proceedings or to any witness called by the parties or the committee.*
4. The hearing shall be confidential and private, unless otherwise agreed upon by both parties. The committee chair shall be the presiding officer at a hearing and shall further have the authority to limit the number of witnesses to be heard. The chair must be notified in writing five (5) days prior to the hearing date of the names and addresses of all witnesses who will testify. Additionally, each party is held responsible for notifying his/her witnesses of the date, time, and place of the hearing.
5. An accurate record of all proceedings shall be made by the secretary of the Affirmative Action Committee. The record shall be made available to all parties to the hearing through the Affirmative Action Office.
6. At the end of the hearing the committee will make its recommendation in a closed executive session. The Affirmative Action Committee shall make a report to the chancellor and to all parties of the hearing within five (5) working days. The committee shall settle the formal written complaint in one of two ways:
   1. It may be recommended to dismiss the complaint as being without merit; or
   2. It may find that the respondent acted in violation of the university policy on sexual harassment. In this case, the committee shall describe the nature of the alleged violation, the evidence which supports its judgment, and the sanction, if any that it recommends to the chancellor.
7. Final authority for the implementation of recommendation for corrective action shall be with the chancellor. The chancellor may accept, reject, or modify the decision of the Affirmative Action Committee. The chancellor shall notify all parties of the decision within ten (10) office days following receipt of the report(s).

* Inquiry into the complainants’ present and/or past sexual habits or relationships will be deemed inappropriate.

Appeal Claimant

1. If the chancellor dismisses the complaint as being without merit and the complainant does not appeal the dismissal, the file shall be closed. This file shall be kept in the Affirmative Action Office.
2. If the complainant wishes to appeal the dismissal of the complaint, the following procedures shall be followed:
   1. Faculty (EP A-EP A Non-Faculty)
      He/she must follow procedures provided by Section 501C (4) of the Code: Board of Governors, the University of North Carolina and in accordance with the university’s tenure regulation. The first appeal should be made within ten (10) days after the chancellor rends a decision. All subsequent appeals should be made by bodies designated in the aforementioned section of the code.
      The respondent may appeal the chancellor’s decision in the same manner as mentioned above [Section 501C (4)].
   2. Student
      A student will have his/her case heard in accordance with the policies and procedures set forth in the Winston-Salem State University Student Handbook.
   3. Employees Subject to State Personnel Act
      The alleged sexual harassment of state employees or applicants is subject to the Sexual Harassment Policy set forth in the State Personnel Act. (See Sections 3-6 and 3-7 of the North Carolina Office of State Personnel Manual)

Respondent

1. Faculty

   1. Upon reviewing all evidence, the chancellor may find the respondent acted in violation of the Sexual Harassment Policy. Thus, the chancellor may issue such sanction as he/she deems appropriate.
   2. The respondent may appeal the chancellor’s decision in the same manner as mentioned above. [See Section 501C (4)] 

2. Student

   1. Upon reviewing all evidence, the chancellor may find the respondent acted in violation of the Sexual Harassment Policy. Thus, the chancellor may issue such sanction as he/she deems appropriate.
   2. The respondent may appeal the chancellor’s decision in accordance with procedures set forth in the Winston-Salem State University Student Handbook.

3. Employees Subject to State Personnel Act

   The respondent may appeal in accordance with procedures set forth in the State Personnel Act. (See Sections 3-6 and 3-7 of the North Carolina Office of State Personnel Manual.) 

Winston-Salem State University Policy on Computer Use

Computer Use Policy for University Students Introduction

The Winston-Salem State University’s (hereinafter “University”) computing and computing equipment and computing resources are owned by the university and are provided primarily to support the academic, research, 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

1. The university may monitor access to the equipment and networking structures and systems for the following purposes:
   1. To insure the security and operating performance of its systems and networks.
   2. To enforce university policies.
2. 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.
3. The university may authorize confidential passwords or other secure entry identification; however, students should 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.
4. 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.
5. All material posted to or sent over university computing and other telecommunication equipment, systems or networks must be accurate and must correctly identify the creator and receiver of such.
6. Any creation of a personal home page or a personal collection of electronic material that is developed for academic purposes and/or student organizations and 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.

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:

1. The use is lawful under federal or state law.
2. The use is not prohibited by Board of Governors, university or institutional policies.
3. The use does not overload the university computing equipment or systems, or otherwise harm or negatively impact the system’s performance.
4. The use does not result in commercial gain or private profit (other than allowable under university intellectual property policies).
5. The use does not violate federal or state laws or university policies on copyright and trademark.
6. The use does not state or imply university sponsorship or endorsement.
7. The use does not violate state or federal laws or university policies against race or sex discrimination, including sexual harassment.
8. 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.

Suspension of Privileges

The Director of Computing and Client Services or the Director of Network and Communication Services 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 director must take the following actions:

1. The student must be provided with notice of the suspension and the reasons for it.
2. The student must be given an opportunity to meet with the director to discuss the suspension if the student requests it.
3. Following the meeting, the student must be notified that the student may appeal to the Associate Vice Chancellor for Academic Affairs/CIO if the student is dissatisfied with the outcome.

If the director believes that this policy has been violated, he/she may refer the matter to [the appropriate disciplinary mechanism].

Violation Policy

1. Any violation of this policy is “misconduct” under the university’s student conduct code. Violations should be reported as provided in that code.
2. Sanctions for violation of this policy may include revocation or suspension of access privileges in addition to any other sanction permitted under the student conduct code.

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

Students with Disabilities Information

The Americans with Disabilities Act (ADA) extends federal civil rights protection in several areas to people who are considered “disabled.” The act is built upon a body of existing legislation, particularly the Rehabilitation Act of 1973 and the Civil Rights Act of 1964, and the act states its purpose as providing “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”

As required by law, Winston-Salem State University will make every effort to provide accommodations to students who require such assistance. Certain standards must be met for individuals to qualify for the Act’s protection. To be considered “disabled” under ADA, individuals must have a condition that impairs a major life activity, or have a history of such a condition, or be regarded as having such a condition.

A campus coordinator has been designated to assist disabled students. To receive assistance, students who believe they will need special assistance must complete a Disabled Student Data Form. Any information supplied is voluntary; information will be shared only with personnel responsible for assisting students with special needs.

The Student with Disabilities Data Form is available in the Counseling Center, the Student Health Center, and the Academic Resource Center. Any persons needing accommodations under Section 504 of the Rehabilitation Act(s) or the American with Disabilities Act should contact the coordinator of Disabilities Services Center. Any persons needing accommodations under Section 504 of the Rehabilitation Act(s) or the American with Disabilities Act should contact the university attorney in Blair Hall.