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University Policies and Guidelines

General University Policies

Academic Freedom

Trustee Policies and Regulations Governing Academic Tenure in The University of North Carolina at Chapel Hill (June 18, 1976) defines academic freedom:

Academic freedom is the right of a faculty member to be responsibly engaged in efforts to discover, speak and teach the truth. It is the policy of the University to maintain and encourage full freedom, within the law, of inquiry, discourse, teaching, research, and publication and to protect any member of the faculty against influences, from within or without the University, which would restrict the faculty member in the exercise of these freedoms in his or her area of scholarly interest.

The University recognizes that in his or her role as citizen, as to matters outside the area of his or her scholarly interest, the faculty member has the right to enjoy the same freedoms as other citizens, without institutional censorship or discipline, though he or she should avoid abuse of these freedoms. The faculty member should recognize that accuracy, forthrightness and dignity befit his or her association with the University and his or her position as a person of learning. Except when officially authorized, a faculty member should not represent himself or herself as a spokesman for the University.

---Faculty Handbook,1985, as amended

Affirmative Action Policy

Equality of Opportunity

The University Code (1975) specifies that "admission to, employment by, and promotion in The University of North Carolina and all of its constituent institutions shall be on the basis of merit, and there shall be no discrimination on the basis of race, color, creed, religion, sex or national origin." The University also does not and will not practice or permit discrimination in employment because of physical or mental handicap in regard to any position for which an applicant or employee is qualified or discrimination in employment on the basis of age as provided in law.

The UNC-Chapel Hill administration has taken special steps to encourage admission application by minority students. The University takes and will take affirmative action in a continuing good faith effort to eliminate any evidence of discrimination in employment on the basis of race, color, religion, sex, national origin, or handicap.

The University has adopted affirmative action plans with programs to assure, effectuate, and maintain compliance with legal requirements applicable to race, color, religion, sex, national origin, handicap, and veteran status. They are reaffirmation of the University's commitment to equality of opportunity for both moral and educational reasons. The plans are a pledge of the University's good faith efforts to provide appropriate educational programs of the highest attainable quality in an academic community dedicated to merit.

---Faculty Handbook, 1985, as amended.

Sexual Harassment

The University's Sexual Harassment Policy defines sexual harassment, describes responsibilities of employees and students, encourages informal resolution of complaints, and specifies administrative review and grievance procedures to resolve matters under the Policy. Resolution of student complaints of harassment by another student, except student employees, are covered by the Instrument of Student Judicial Governance available through the Office of the Dean of Students. The full-text version of the University's Sexual Harassment Policy can be found in the "Basic Governance Documents" in the office of each dean and department chair. Section I of the Policy provides:

Policy

1. This Policy and these Procedures apply to University students, agents, and employees, including faculty, EPA non-faculty, Staff, and student employees.
   
   
2. Sexual harassment constitutes unlawful discrimination on the basis of sex. Sexual harassment violates both law and University policy, and will not be tolerated in the University community.
   
   
3. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by one in an official University position or by a fellow University employee constitute sexual harassment when:
   
   
   1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic standing, or
   2. submission to or rejection of such conduct by an individual is used as the basis for an employment or academic decision affecting that 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 environment.
   4. In determining whether alleged conduct constitutes sexual harassment, the record as a whole will be considered, as well as the totality of the circumstances, such as the nature of the alleged conduct and the context in which the alleged conduct occurred.

       

4. It is the responsibility of every employee and student in the University community so to conduct himself or herself as to contribute to an environment free of sexual harassment.
   
   
5. This Policy seeks to encourage students 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 responsibly using the Policy and its Procedures interferes with free expression and openness. Accordingly, such acts violate this Policy and require appropriate and prompt disciplinary action.
   
   
6. This Policy shall not be used to bring frivolous or malicious charges against students, employees, or agents.
   
   
7. Information regarding this Policy is available from the Affirmative Action Office, Grievance Committee chairs, the [office of Employee Services, Human Relations], and from the Office of the Dean of Students.

    

Sexual Harassment Policy and Procedures

Sexual harassment by any member of the University is a violation of both law and University policy, and will not be tolerated in the University community. The full-text version of the University's sexual harassment policy is on file in the "Basic Governance Documents" notebook that is available in the office of each dean and department chair. The policy defines sexual harassment and establishes administrative review procedures and grievance committee review procedures.

The University's policy seeks 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.
---Faculty Handbook

Racial Harassment

The University's Racial Harassment Policy and Procedures became effective August 22, 1990. The Policy defines racial harassment, encourages informal resolution of complaints, provides for anonymous evaluation and educational feedback, and specifies administrative review and grievance procedures for formal resolution under the Policy. The full-text version of the Policy can be found in the "Basic Governance Documents" in the office of each dean and department chair. The Policy, in part, provides:

Preamble

Discrimination on the basis of race is unacceptable at The University of North Carolina At Chapel Hill. Such behavior threatens to destroy the environment of tolerance and mutual respect that must prevail if the University it to fulfill its purposes.

The University through this Racial Harassment Policy and Procedures is providing an additional means for the enforcement of its nondiscrimination policy. Enforcement of this Policy shall be consistent with the freedom of speech guaranteed by the First Amendment to the United States Constitution. At the same time, it is hoped that it will deter discriminatory conduct that is not protected by the legally defined boundaries of free speech, in fulfillment of the University's duty to protect its educational environment.

Because there may be conflict among freedom of speech, the right of individuals to be free from injury caused by discrimination, and the University's duty to protect the educational process, the enforcement procedures shall recognize that it may be necessary to have varying standards depending upon the place of the conduct in question. Thus a distinction may be drawn among public forums, educational and academic centers and housing units.

Policy

1. Racial harassment is contrary to the University's Policy of equal opportunity, can constitute unlawful discrimination on the basis of race,, and will not be tolerated in the University community.
   
   
2. It is the responsibility of every employee and student in the University community so to strive to create an environment free of racial harassment.
   
   
3. This Policy and these Procedures apply to University students, agents, and employees, including faculty, EPA non faculty, Staff, and student employees.
   
   
4. The definition of what constitutes racial harassment on the part of a student, other than a student employee in the course and scope of his or her employment, is contained in Section 2.D.1.n. of the Instrument of Student Judicial Governance. If a student believes he or she has been the victim of racial harassment by a fellow student, other than a student employee, the student should proceed in accordance with the terms of the Instrument. Information concerning the Instrument and this process is available from the Office of the Dean of Students.
   
   
5. Racial harassment is defined for employees, including student employees in the course and scope of their employment, as racially motivated conduct, when engaged in by one in an official University position or by a fellow University employee, that:
   
   
   1. discriminates on the basis of race (a) in terms, conditions, working environment, or privileges of employment, (b) in enrollment, course assignment, grade, or opportunity for participation in any University benefit, service, or offering, or (c) in University-sponsored extracurricular activities; or
   2. is directed towards a specific person or persons and involves (a) the use of force, (b) the threat of the use of force, or (c) the infliction of severe mental or emotional distress through means including the use of racial slurs, epithets, or insults, or any other conduct by one in an official University position or by a fellow employee that discriminates on the basis of race.

      In determining whether alleged conduct constitutes racial harassment, the record as a whole will be considered, as well as the totality of the circumstances. This means that the nature of the alleged conduct and the context in which the alleged conduct occurred will be examined and evaluated.

       

6. Through this Policy students and employees are encouraged to express freely, responsibly, and in an orderly way their opinions and feelings about any problem or complaint of racial 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 responsibly using the Policy and its Procedures interferes with free expression and openness. Accordingly, such acts violate this Policy and demand appropriate and prompt disciplinary action.

    
   

Alcoholic Beverages

The University's "Policy on Student Possession and Consumption of Alcoholic Beverages in Facilities of The University of North Carolina at Chapel Hill" sets forth the conditions under which alcoholic beverage use consistent with Federal, State and local laws and ordinances is permitted in University facilities and on University property.

North Carolina Statutes and Local Ordinance Pertaining to the Possession, Use, and Consumption of Alcoholic Beverages:

1. Generally, persons who are twenty-one (21) years of age or older may purchase, possess, or consume alcoholic beverages containing less than fourteen percent (14%) of alcohol by volume (been and unfortified wines). (General Statute 18B-300) There are some exceptions to this statement, and individuals are responsible for knowing what those exceptions are.
   
   
2. Persons who are twenty-one (21) years of age or older may purchase and possess at their home or temporary residence alcoholic beverages containing more than fourteen percent (14%) of alcohol by volume (fortified wine and spirituous liquors). (General Statute 18B-301)
   
   
3. It is unlawful for any person under twenty-one (21) years of age to purchase, possess, or consume any alcoholic beverage; for anyone to sell or give to, or to aid or abet such a person in purchasing, possessing, and consuming any alcoholic beverage. (General Statute 18B-302)
   
   
4. Under no circumstances may alcoholic beverages of any kind be sold by any person, organization, or corporation on the campus of the University. (General Statute 18B-1006[a]) Both direct and indirect sales are unlawful.
   
   
5. Chapel Hill ordinances provide that it is unlawful to consume any alcoholic beverage in a public place.

   In relation to alcohol, as in other matters, all members of the University community are expected to act as adults, to obey the law, to obey University policy, and take personal responsibility for their conduct. Individuals of any age who violate University policy or who threaten disorder, public disturbance, danger to themselves and others, or damage to property will be subject to disciplinary action.

   ---The Undergraduate Bulletin, 1988-1990
   

Policy on Illegal Drugs

Students, faculty members, administrators, and other employees of The University of North Carolina at Chapel Hill 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 violated state law is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the University. Also, recent federal legislation requires, as a condition of employment, that any faculty or staff member engaged in the performance of a federal grant or contract must abide by the University's Drug Policy and must notify his or her dean, director, or department chair of any criminal drug statute conviction for a violation occurring in the work place not later than five days after the conviction.

Disciplinary proceedings against a student, faculty member, administrator or other employee will be initiated when the alleged conduct is deemed to affect the University's interests. Penalties will be imposed for violation of the policies of the University only in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators, and other employees.

Every student, faculty member, administrator, and other employee of the University is responsible for being familiar with and complying with the terms of the Policy on Illegal Drugs adopted by the Board of Trustees. Copies of the full text of that policy are available from your dean, director, or department chair, or from the Office of the Dean of Students or the Office of Employee Services, Human Resources.
---The Faculty Handbook, 1985, as amended

AIDS

AIDS is a contagious disease now prompting worldwide fear because the number of victims is growing precipitously--and because in its fully developed form AIDS is inevitably fatal. Current medical research and experience have established that the responsible virus is not transmitted or contracted casually. In most cases it is transmitted by sexual intercourse between male homosexuals or bisexuals (70-75 percent of all cases in the United States) and by intravenous drug use (17 percent).

Prevention is the only known weapon effective against AIDS and education is the principal means of controlling AIDS. This University accepts its responsibility for conducting an ongoing educational campaign about AIDS and about preventing AIDS.

A student or employee of the University who becomes infected with the AIDS virus will not be excluded from enrollment or employment, or restricted in access to University services or facilities, unless medically based judgments in individual cases establish that exclusion or restriction is necessary to the welfare of the individual or of other members of the University community. ---The Source, The Resources Handbook, Division of Student Services, General College, 1990

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Last updated: January 30, 2001