THE UNIVERSITY OF NORTH CAROLINA AT PEMBROKE
We, the members of the Faculty of The University of North Carolina at Pembroke, desiring to:
Provide a democratic form of government for the coordination of faculty activities;
Provide a forum for the expression of faculty views and interests;
Maintain academic freedom, academic responsibility, and faculty rights;
Improve cultural, social, and physical welfare;
Develop better educational standards, facilities, and teaching methods;
Foster the recognition of the rights and responsibilities of the faculty to the school, the community and humanity;
do hereby establish this Constitution.
ARTICLE I. GENERAL FACULTY
Section 1. The General Faculty of The University of North Carolina at Pembroke shall consist of the Chancellor, all full-time instructional personnel, those faculty participating in phased retirement and all full-time personnel who hold academic rank.
Section 2. Powers
The General Faculty shall have power (or authority):
A. To receive reports from--and make recommendations to--the Faculty Senate.
B. To discuss--and pass resolutions on--matters relating to the life of the University.
C. To take action on the awarding of regular and honorary degrees.
D. To review and revoke action of the Faculty Senate.
E. To review and modify the structure of Faculty Government.
F. To elect Senators-at-Large, members of the Hearing Committee, and Delegates/Alternates to the UNC Faculty Assembly.
Section 3. Meetings
The General Faculty shall meet three times during the academic year, the exact dates of the meeting to be determined by the Chancellor and the Chair of the Faculty Senate. The first meeting will coincide with the fall opening of the University. The second meeting will be held in December. The third meeting will be held in the Spring in time for the approval of graduates.
A. Special Meetings of the General Faculty may be called by the Chancellor; the Faculty Senate; or, within thirty days after receiving a petition stating specifically the purpose of the meeting and signed by fifty members of the General Faculty, the Chancellor shall be empowered to call a meeting of the General Faculty.
B. The Agenda for the regular meetings of the General Faculty shall be determined by the Senate Executive Committee consisting of the Chancellor and the Executive Committee of the Faculty Senate. The Agenda shall contain a report on the business conducted by the Senate since the last meeting of the General Faculty.
C. The Chair of the Faculty Senate shall notify members of the General Faculty at least one week in advance of the date of each regular meeting of the General Faculty. If practicable, the agenda and any materials to be voted on shall be distributed to the members of the General Faculty one week in advance of each meeting.
D. A quorum for Meetings of the General Faculty shall consist of a majority of the voting membership as defined above (see Article I, Section 1). A majority vote of members present is sufficient to conduct business, except that when the question of revoking an action of the Faculty Senate is under consideration by the General Faculty, a two-thirds vote of a quorum shall be required to annul.
E. Voting in General Faculty Meetings shall normally be by voice vote. Vote by ballot shall be taken on motion approved by a majority of members present and voting. Results of voting shall be recorded in the minutes. Voting for Senators-at-Large shall come from a list of nominees prepared by the Senate Committee on Committees and Elections and voted on by the General Faculty by secret ballot. Additional nominations may be made from the floor.
F. No one may vote by proxy.
Section 4. The minutes and records of the General Faculty shall be kept by the Secretary of the Faculty Senate.
A. Copies of the minutes of General Faculty Meetings shall be sent to each member.
B. Minutes of the General Faculty Meeting shall be placed on file in the Office of the Chancellor, of the Provost and Vice Chancellor for Academic Affairs, and in the UNCP Archives.
ARTICLE II. FACULTY SENATE
Section 1. The General Faculty delegates the responsibility for the conducting of business to a Faculty Senate.
Section 2. The purpose of the Faculty Senate of The University of North Carolina at Pembroke shall be to serve as the principal academic policy-making body of the University, subject to review and approval by the Chancellor; to serve as an advisory and consultative council to the Chancellor and other Administrators; and to receive from Senate Committees or University Departments recommendations concerning educational policies of The University of North Carolina at Pembroke upon which the Senate may deliberate and act.
Section 3. The Senate shall recognize the province within the University of the traditional academic disciplines and the established departments and divisions in setting and implementing rules and regulations directly affecting these areas, but reserves the right to review such rules and regulations as may affect the University as a whole.
Section 4. Actions of the Senate completed
A. Actions of the Senate shall be in one of three forms:
1. Act. An Act shall have the effect of policy.
2. Resolution. A Resolution shall express the sentiment of the Senate.
3. Recommendation. A Recommendation shall express the advice of the Senate, giving advice only.
B. No Acts of the Senate shall have the effect of policy unless they have been passed by a majority vote and bear the signature of the Chancellor of the University, indicating his approval.
C. Upon passage of an Act, the Chair of the Senate shall submit the same in writing to the Chancellor within three school days of its passage.
D. The Chancellor may veto an Act. In such case the Senate shall be notified of such action at its next meeting.
ARTICLE III. MEMBERSHIP AND ELECTIONS
Section 1. The Senate shall consist of the following members:
A. The Chancellor of the University
B. The Provost and Vice Chancellor for Academic Affairs
C. Three General Faculty members from each of the five divisions listed below, elected by and from the General Faculty of the division:
1. Division of Arts
2. Division of Education
3. Division of Letters
4. Division of Natural Science and Mathematics
5. Division of Social and Behavioral Sciences
D. Nine General faculty members elected at-large by the General Faculty.
Section 2. Those eligible to vote for representatives in a division shall be General Faculty who currently hold academic rank at The University of North Carolina at Pembroke in a discipline associated with the division; those eligible to vote for Senators-at-Large shall be General Faculty members.
Section 3. Eligibility for election to Senate membership is restricted to members of the General Faculty
A. not holding an administrative position above that of Department Chair, and
B. having a minimum of two consecutive years of as members of the General Faculty at The University of North Carolina at Pembroke and having not broken the current period of employment at UNCP except by virtue of approved leaves of absence.
Section 4. Senators elected by the division shall serve for a term of three years. The Committee on Committees and Elections of the Faculty Senate shall conduct annual elections for division representatives. All votes shall be cast by secret ballot.
Section 5. Senators representing divisions shall normally be elected during the month of February by those holding current academic rank in the division they will represent, to take office in at the adjournment of the first General Faculty meeting of the academic year. Faculty members with joint appointments shall be eligible to run and to vote in only one division in the election of Senators representing divisions.
Section 6. Elections for Senators-at-Large shall be conducted immediately following election of division representative, for a term of three years. The election of Senators-at-Large shall be conducted by the Committee on Committees and Elections of the Senate.
Section 7. No elected Senator may serve more than two successive terms for the same position; the filling of an unexpired term shall be deemed as one of the two successive terms.
Section 8. The position of an elected Senator whose term is unexpired shall be considered vacant upon:
A. Notification by the Senator to the Chair of (1) his/her resignation, or (2) a leave-of-absence;
B. The Senator's becoming ineligible through change in professorial status, either at this University or elsewhere;
C. The Senator's failure to attend two consecutive regular meetings of the Senate, if unexcused by the Senate.
Such vacancy shall be filled by special mail ballot in accordance with Article V, Section 2, A, 5 of the By-Laws for the Faculty Senate. Senators so elected shall serve the unexpired portion of the term.
Section 9. Senators shall take office at the adjournment of the first General Faculty meeting of the academic year.
ARTICLE IV. DUTIES OF SENATORS
Section 1. Senators shall bring to the Senate proposals originating from (or endorsed by) Department Chairs, from academic supportive services, and from other areas of academic concern of the faculty. Proposals shall be in writing and furnished in sufficient copies to facilitate review and action of the Senate.
ARTICLE V. OFFICERS
Section 1. The Chancellor of the University shall have the right to preside over the deliberations of any legislative bodies of the Faculties of The University of North Carolina at Pembroke.
Section 2. The Senate shall elect from its voting membership a Chair of the General Faculty who shall also serve as Chair of the Faculty Senate, to serve for one year. The Chair shall serve as Chair of the Executive Committee, and shall preside at meetings of the Faculty Senate and of the General Faculty subject to the right of the Chancellor to preside over such deliberations as provided in Article V. Section 1, above. The Chair shall not serve for more than two successive years; the filling of an unexpired term shall be deemed as one of the two successive years. The Chair of the Faculty Senate is entitled to a reduced course load (three semester hours per semester) while serving as Chair.
Section 3. The Senate shall elect from its membership a Secretary to serve for a period of one year. The Secretary shall serve as the Secretary of the General Faculty.
ARTICLE VI. COMMITTEES
Section 1. The consideration of matters within its jurisdiction may be delegated by the Senate to Committees, which shall be responsible to and report to the Senate.
Section 2. The Senate shall have the following types of committees: Operations Committees, Standing Committees, Subcommittees of the Standing Committees, and Continuing and Special Committees. The terms of the Operations Committees, Standing Committees, Continuing Committees, and Subcommittees shall end with the convening of a new Senate at the first regular meeting of the academic year; members of Subcommittees of Standing Committees will be selected for two-year staggered terms; and the term of any Special Committee will be ended upon completion of its designated assignment.
Section 3. There shall be three Operations Committees:
A. The Committee on Committees and Elections shall consist of four Senators elected by the Senate. The Committee shall elect a Chair from its membership. The Committee shall conduct elections for Divisional and At-Large Senators, members of the Promotion and Tenure Committee, the Faculty Awards Committee, the Faculty Grievance Committee, the Faculty Hearing Committee, and Delegates and Alternates to the UNC Faculty Assembly. The Committee shall nominate all members of Faculty Senate Subcommittees, the Faculty Governance Committee, the three non-Senate faculty members on the Student Affairs and Campus Life Committee, and one member of the Student Publications Board. The Committee shall select four nominees for the position of Faculty Conciliator for Undergraduate Grade Appeals.
B. The Executive Committee shall consist of the Chair of the Senate, who shall serve as its Chair; the Secretary of the Senate; the Chairs of the three major Standing Committees as provided for in Article VI, Section 4 of this Constitution; and the Chair of the Committee on Committees and Elections. This committee shall prepare an Agenda and publish the Agenda to the Senate five days prior to each regular meeting. The Agenda for regular meetings of the General Faculty shall be determined by the Senate Executive Committee consisting of the Chancellor and the Executive Committee of the Faculty Senate. The General Faculty shall be notified of all regular meeting dates of the Senate. The committee shall also assist in the annual publication of the Faculty Handbook. The Senate Executive Committee shall have general supervision of the affairs of the Senate between its regular meetings. This includes the implementation of Senate-approved policies and procedures. None of these implementing actions shall conflict with actions taken by the Senate
C. The Committee on Faculty Governance shall consist of not more than eleven members, a majority of whom must be Senators or former Senators. They are to be nominated by the Committee on Committees and Elections and confirmed by the Senate.
Section 4. The three major Standing Committees and their Chairs shall be appointed by the Chair of the Senate after consultation with the Chancellor. Standing Committees will consist of members of the Senate, Chairs of the Subcommittees reporting to them, and various administrators whose University roles make them appropriate members. The Standing Committees shall be:
A. Academic Affairs
B. Student Affairs and Campus Life
C. Faculty and Institutional Affairs
Section 5. Standing Committees may, with the approval of the Senate, set up Subcommittees; the tenure of the Subcommittee shall be coincident with that of the parent Standing Committee.
Section 6. Persons eligible to serve on Subcommittees are members of the General Faculty and staff members appropriate to the function of the subcommittees. When one or more of the three Standing Committees request Subcommittee formation, the Committee on Committees and Elections shall determine the size of the Subcommittee and make nominations to the Senate, to be confirmed by the Senate.
Section 7. All Subcommittees shall report directly to the parent Standing Committee, of which each subcommittee's Chair will be a voting member.
Section 8. The Chair of each Standing Committee shall speak for the Committee. He/she may present an oral or written report, but in every case the presentation must give sufficient information on which the Senate can act.
Section 9. Continuing and Special Committees may be constituted, with appropriate membership, at any time by the Senate.
Section 10. The Faculty Research Advisory Board shall be a Continuing Committee of the Faculty Senate. It shall consist of not more than seven members to serve three-year staggered terms. The members will be nominated by the Chair of the Faculty Senate and confirmed by the Senate. The Board shall elect a Chair from its membership.
ARTICLE VII. MEETINGS
Section 1. The Senate shall regularly meet at least once each month during the academic year. Regular meeting dates shall be established by the Senate; however, these dates may be altered when deemed necessary.
Section 2. A Special Meeting may be called by the Chancellor, the Chair of the Faculty, or at the request of a majority of the voting members of the Senate.
Section 3. Written notices of Regular Meetings of the Senate shall be sent to each Senator one week prior to the meeting and shall contain a tentative agenda. Special Meetings, when practicable, shall require a three-day notice. Special Meetings may be arranged by telephone or telegraph. Department offices will be notified.
Section 4. All Meetings of the Senate shall be open meetings unless, consistent with the requirements of State Law, a meeting is closed to the public by majority vote of a quorum of the Senate membership.
Section 5. Fifteen Voting Members of the Senate present at any meeting shall constitute a quorum.
Section 6. Minutes of all meetings shall be distributed to the faculty.
ARTICLE VIII. RIGHT OF FACULTY APPEAL
Section 1. Any action or resolution of the Senate may be appealed to the Senate by a petition containing not fewer than fifteen faculty signatures. In the event of failure of the Senate to produce agreement with the petitioners, fifty members of the faculty signing a petition may call for a General Faculty Meeting. A two-thirds vote of a quorum of the faculty in a General Faculty Meeting shall be required to revoke Senate action.
Section 2. Written notice of a full Faculty Meeting for deliberation of Senate action appealed by petition shall be distributed to the faculty one week prior to the meeting. Such notice shall include a statement of the action to be discussed.
ARTICLE IX. REVIEW OF THE CONSTITUTION, BY-LAWS, PROCEDURES
Section 1. The Senate shall have the authority to make by-laws and rules of order for the conduct of its business.
ARTICLE X. AMENDMENT OF THE CONSTITUTION
Section 1. A recommendation to amend the Faculty Constitution may be made in one of two ways: at a regular meeting of the Senate preceding that at which the vote on such recommendation is taken, or at a meeting of the General Faculty at least thirty days preceding that at which the vote on such recommendation is taken.
Section 2. A two-thirds vote of a quorum of the Senate present and voting shall be necessary in order to recommend the amendment of the Constitution or any of its provisions.
Section 3. Ratification of the recommendation of the Senate or General Faculty for the amendment of the Constitution or any of its provisions shall require a two-thirds vote of the faculty.
Section 4. The Board of Trustees of The University of North Carolina at Pembroke and the Board of Governors of The University of North Carolina shall be properly informed by the Chancellor of changes in faculty organization and operating procedures.
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Last updated: August 2, 1999
BY-LAWS FOR THE FACULTY SENATE
ARTICLE I. MEETINGS
Section 1. The Faculty Senate shall meet regularly on the first Wednesday of each month of the academic year consistent with the University academic calendar.
Section 2. Special meetings and alterations of the prescribed schedule shall require a three-day notice when practicable.
Section 3. Meetings shall not exceed 90 minutes without a vote to extend the time.
Section 4. Absences from Meetings. When a Senator cannot be present at a regular meeting and requests to be excused, such request must be addressed to the Chair of the Senate, preferably in writing.
Section 5. The minutes and all official documents of the Senate and its subordinate committees will be filed by the Secretary of the Senate. It will be the responsibility of each committee and subcommittee Chair to see that two copies are housed in the library for permanent filing; the Senate typist shall also file copies of all documents.
ARTICLE II. RULES OF ORDER
Section 1. The Senate shall determine the rules of order for the conduct of its business meetings.
Section 2. Robert's Rules of Order (Newly Revised) shall be followed, except that proxy voting shall be not be permitted.
ARTICLE III. ORDER OF BUSINESS
Section 1. The order of business at meetings of the Senate shall be as follows:
A. Roll Call
B. Approval of Minutes
C. Adoption of Agenda
D. Reports from Administrators
1. The Chancellor
2. The Provost and Vice Chancellor for Academic Affairs
3. The Vice Chancellor for Student Affairs
4. The Vice Chancellor for Business Affairs
5. The Vice Chancellor for Development and University Relations
E. Reports of Committees
1. Operations Committees
2. Standing Committees
3. Special Committees
F. Teacher Education Committee
G. UNC Faculty Assembly Report
H. Unfinished Business
I. New Business
Section 2. All business brought before the Senate must have appeared on an approved Agenda before action on it can be completed.
ARTICLE IV. PROPOSALS TO BE ACTED UPON BY THE SENATE
Section 1. Proposals to the Senate may come from any Faculty member, and any administrator eligible for membership in the Senate.
Section 2. Proposals germane to the curriculum of a department must be approved and forwarded to the Department Chair.
Section 3. Endorsement does not imply consent or concurrence but an awareness of a proposal.
Section 4. Proposals originating through individual Senators, from committees or Special Committees, or from any other source shall be routinely referred to the Executive Committee for inclusion on the next agenda.
ARTICLE V. FUNCTION AND SCOPE OF OPERATIONS COMMITTEES
Section 1. Executive Committee
A. The Executive Committee shall prepare the agenda and publish it five days prior to each regular meeting of the Senate. The following procedure will be adhered to with respect to submitting items for the agenda as long as the Senate meetings are held on Wednesday:
1. Agenda items are to be submitted to the Chair of the Executive Committee no later than 12:30 on Monday of the week preceding the meeting of the Senate. Items are to be submitted to the Chair of the Executive Committee by that time.
2. The Executive Committee will meet by Tuesday afternoon of the week prior to the Senate meeting to organize the agenda.
B. The Executive Committee will refer to appropriate Standing Committees or Special Committees' proposals and/or recommendations which it considers should be sent to these committees prior to the Senate. The Committee will note in its report receipt of such items and the disposition made of them.
C. The Secretary of the Senate shall maintain a Motion Log of all Senate actions indicating date and status of each.
D. The Executive Committee of the Faculty Senate shall proof-read the Faculty Handbook prior to printing.
E. The Senate Committee shall have general supervision of the affairs of the Senate between its regular meetings. This includes the implementation of Senate-approved policies and procedures. None of these implementing actions shall conflict with actions taken by the Senate.
Section 2. Committee on Committees and Elections
A. The Committee on Committees and Elections shall conduct elections to fill positions that will expire in August, except for UNC Faculty Delegates and Alternates, whose terms expire on July 1.
1. Starting in February, ballots will be distributed by campus mail to elect:
a. Divisional Senators, members of the Promotion and Tenure Committee, members of the Faculty Awards Committee, and the Delegate and then the Alternate to the UNC Faculty Assembly [See Article III of the UNCP Faculty Constitution; Section 4A-3.5 and Section 4-1.16 of the UNCP Faculty Handbook; and Article V, Section 5 and Article VII of the Bylaws of the Faculty Senate for nomination guidelines for these positions];
b. Senators-at-Large, immediately following the completion of the election for Divisional Senators [See Article III, Sections 6 and 7 of the UNCP Faculty Constitution for nomination guidelines];
c. Faculty Hearing Committee immediately following the completion of the election of members of the Promotion and Tenure Committee [See Section 3-4 in the UNCP Faculty Handbook for nomination guidelines];
d. Faculty Grievance Committee immediately following the completion of the election of the Faculty Hearing Committee [See Section 4-1.5 in the UNCP Faculty Handbook for nomination guidelines];
2. The Committee on Committees and Elections shall conduct elections for unexpired terms of office as the need arises to fill any such vacancy.
3. The Committee on Committees and Elections shall conduct elections in accordance with the following procedures:
a. Poll faculty during the fall semester to determine individual preferences for faculty governance positions;
b. Determine eligibility of candidates [See Article III, Sections 3 through 8 of the UNCP Faculty Constitution];
c. One week before distributing ballots for any election, post a notice on PSUFAC to inform faculty via E-Mail of ballots that will be distributed in one week. Additions and deletions will be accepted up to one day before ballots are due to be printed.
d. Prepare and distribute ballots to members of the General Faculty [See Article I, Section 1 of the UNCP Faculty Constitution];
e. Allow seven (7) calendar days for return of ballots, by campus mail, to committee members for tallying;
f. Determine winners of elections to fill one vacancy (each faculty member has one vote) as follows:
(1) The winner is that candidate who receives the greatest number of the votes cast, except that 33% of the votes cast is necessary for election.
(2) Run-off elections will include all candidates who received at least 20% of the votes cast in the previous balloting, except that the ballot must include those who ranked first and second.
g. Determine winners of elections to fill more than one vacancy (each faculty member has as many votes as there are vacancies) as follows:
(1) The winners are those candidates who are selected on the greatest number of ballots and who receive at least 35% of the ballots cast.
(2) Run-off elections will include all candidates who are selected on at least 17% of the ballots cast in the previous balloting, except that the ballot must include at least one more candidate than the number of vacancies to be filled.
B. The Committee on Committees and Elections shall nominate the following:
1. All members of Faculty Senate Subcommittees, the Faculty Governance Committee, the three non-Senate faculty members on the Student Affairs and Campus Life Committee, and one member of the Student Publications Board. The Committee shall select four nominees for the position of Faculty Conciliator for Undergraduate Grade Appeals. [See Article VI, Section 4 of the Faculty Senate Bylaws, Article VI, Section 3C of the Faculty Senate Constitution, and Section 4-3.13 of the Faculty Handbook.] At the Senate's last meeting of the academic year, the Committee will recommend for confirmation by the Faculty Senate all the foregoing nominations.
2. At least one Faculty Senator as Chair-Elect of the Senate and at least one Faculty Senator as Secretary-Elect. The Faculty Senate will elect these officers at its last meeting of the academic year. The newly elected officers will take office immediately following the first General Faculty meeting of the next academic year. [See Article V, Sections 2 and 3 of the UNCP Faculty Constitution for nomination guidelines.]
3. At least four members of the Faculty Senate to serve on the Committee on Committees and Elections for the following academic year. The Faculty Senate will elect four members of the Committee at its last meeting of the academic year.
C. The Committee on Committees and Elections shall act on requests by Standing Committees for formation of any new Senate-approved subcommittees [See Article VI, Section 6 of the UNCP Faculty Constitution].
Section 3. Committee on Faculty Governance
The Committee on Faculty Governance shall review and interpret the Faculty Constitution, the By-laws of the Faculty Senate, and rules of order for the conduct of Senate business. Changes in any of these areas that are approved by this committee will be brought, by the Committee Chair, directly to the Senate for its action.
Section 4. Divisions by Departments or Areas
A. Division of Arts:
Drama and Speech
B. Division of Education
Health, Physical Education, and Recreation
C. Division of Letters
American Indian Studies
English, Theatre and Languages (excluding Drama and Speech)
Philosophy and Religion
D. Division of Natural Science and Mathematics
Geology and Geography
Mathematics and Computer Science
Chemistry and Physics
E. Division of Social and Behavioral Science
Political Science and Public Administration
Psychology and Counseling
Sociology, Social Work and Criminal Justice
ARTICLE VI. FUNCTION AND SCOPE OF STANDING COMMITTEES, SUBCOMMITTEES, CONTINUING COMMITTEES AND OTHER COMMITTEES
The three Standing Committees will be:
Student Affairs and Campus Life
Faculty and Institutional Affairs.
Although the Standing Committee memberships are reconstituted each Academic year, the subcommittee memberships will be for two-year, staggered terms allowing for unbroken continuity of activity.
Section 1. Academic Affairs Committee
A. The Academic Affairs Committee shall consider the following matters: all matters relating to curriculum; policies and standards relating to the admission and retention of students; and recommendations concerning learning resource materials and services. Specifically regarding Senate vote on curriculum matters, the Chair of the Academic Affairs Committee is immediately to present to the Registrar all information pertaining to each individual course which is necessary for the computer data bank. In anticipation of this, the required course description presented to the Subcommittee on Curriculum should be the exact catalog wording desired by the department. The Committee shall regularly inform the Senate of its actions and recommendations.
B. The Academic Affairs Committee will be composed of fourteen voting members:
1. Ten Senators,
2. The Provost and Vice Chancellor for Academic Affairs,
3. The three Chairs of Subcommittees of the Academic Affairs Committee.
C. The Committee shall have three subcommittees:
1. The Subcommittee on Curriculum shall examine all proposals and policies relating to curriculum and shall make recommendations to the Academic Affairs Committee ontheir adoption. This subcommittee is responsible for sending to the Academic Affairs Committee all information pertaining to each individual course which is necessary for the computer data bank.
2. The function of the Enrollment Management Subcommittee shall be to encourage communication campuswide among faculty, staff, administration and students. The Subcommittee shall consider policies and standards related to admissions and recruitment, financial aid, retention and student success, advising and mentoring, career development, graduation, and related areas; and shall, as necessary, make recommendations to the Academic Affairs Committee on such matters. In addition, the Subcommittee shall be charged with receiving expressions of concern related to any of the areas listed above from faculty, staff, administration or students.
3. The Subcommittee on Academic Support Services shall examine proposals and policies relating to the operations and development of the Library, the Media Center, the Office of Computing and Informational Services, and the University Writing Center, and shall make appropriate recommendations/proposals to the Academic Affairs Committee.
The Subcommittee shall also conduct, with the assistance of the Office of Institutional Research, a regular, usually biennial survey of the University community to assess perceptions of facilities and services of each academic support service area. The Subcommittee will report the information from the survey to the Academic Affairs Committee, director of the appropriate academic support service area, the Assistant Vice Chancellor for Academic Affairs, and the Provost and Vice Chancellor for Academic Affairs.
Section 2. Faculty and Institutional Affairs Committee
A. The Faculty and Institutional Affairs Committee will consider the following matters: all matters relating to faculty, economic aspects of matters of concern to the Senate and its other committees; recommendations in areas of University business affairs as they affect educational policies, and of long-range projections and planning for the total development of the University.
B. The Faculty and Institutional Affairs Committee will be composed of fourteen voting members:
1. Nine Senators,
2. The Vice Chancellor for Business Affairs,
3. The Vice Chancellor for Development and University Relations,
4. Associate Vice Chancellor for Academic Affairs,
5. Chair of the Faculty Development and Welfare Subcommittee,
6. Chair of the Faculty Evaluation Review Subcommittee.
C. The Committee shall have two subcommittees:
1. The Subcommittee on Faculty Development and Welfare shall examine all proposals and policies relating to
faculty, and shall, as necessary, make recommendations to the Faculty and Institutional Affairs Committee on such
matters. Among the areas of concern of the Faculty Development and Welfare Subcommittee will be the following:
Faculty development, evaluation, and criteria governing appointment and retention procedures; salary scale, leaves
of absence, sabbaticals, fringe benefits, resignations, recognition of retirees, grievances, and collegiality.
2. The Faculty Evaluation Review Subcommittee shall review the Faculty Evaluation Model regularly and strive to clarify the existing document. The subcommittee shall make recommendations to the Faculty and Institutional Affairs Committee regarding any changes in the written document and shall respond to all requests for alteration of the document or its underlying philosophy.
Section 3. Student Affairs and Campus Life Committee
A. The Student Affairs and Campus Life Committee will study and make recommendations about areas of student affairs or campus life, either those referred to it or initiated by it.
B. The Student Affairs and Campus Life Committee will consist of eleven voting members:
1. Three Senators one of whom will be selected by the Chair of the Senate to represent this committee on the Executive Committee,
2. The Vice Chancellor for Student Affairs,
3. The Director of the Givens Performing Arts Center,
4. Three additional faculty members,
5. Three students: the Chief Marshal, the President of the SGA, one additional student to be selected by the Vice Chancellor for Student Affairs.
C. The Committee shall be responsible for one Board:
1. The Student Publications Board will serve as the selection committee for both the newspaper editor and the yearbook editor, will serve as the arbitrator in the event that censorship pressures arise, and will develop other roles which the Board deems proper. The Board will not, however, attempt to provide active oversight of the day-to-day workings of student publications.
Section 4. The Composition of Subcommittees and Boards
The Subcommittees and Boards shall be composed as follows, with each member having one vote:
A. Academic Affairs Committee
1. The Subcommittee on Curriculum:
Two Representatives from each Division,
One Representative from the Office for Academic Affairs,
2. The Enrollment Management Subcommittee
Vice Chancellor for Business Affairs,
Assistant Vice Chancellor for Academic Affairs,
Assistant Registrar/Liaison for Information Services,
Director of Admissions,
Title III Program Coordinator,
Director of Career Services,
Director of College Opportunity Program,
Director of Financial Aid,
Associate Director of Student Support Services,
Director of Freshman Seminar and Academic Advisement,
2 SGA representatives,
1 faculty member from each division, one of whom will chair the subcommittee.
3. The Subcommittee on Academic Support Services:
One Representative from each Division,
Assistant Vice Chancellor for Academic Affairs,
Director of Computing and Informational Services,
Director of Library Services,
Director of the Media Center,
Director of the Writing Center,
One Graduate Student,
One S.G.A. Senator.
B. Faculty and Institutional Affairs Committee
1. The Subcommittee on Faculty Development and Welfare:
Two representatives from each Division,
The Director of Human Resources.
2. The Faculty Evaluation Review Subcommittee
The subcommittee shall consist of not more than eleven members. Each division
must be represented on the subcommittee, but the subcommittee will have no more
than three members from any division or two from a given department.
C. Student Affairs and Campus Life Committee
1. The Student Publications Board will be composed of:
One representative from the Student Affairs Office, to be nominated by the Vice Chancellor for Student Affairs,
The faculty advisor of the student newspaper,
The faculty advisor of the student yearbook,
One faculty member from outside the Communicative Arts Department who is not actively involved in student publications, to be nominated by the Committee on Committees and Elections,
The Editor of the Student Newspaper,
The Editor of the Student Yearbook,
One graduate student, nominated by the Dean of Graduate Studies,
One S.G.A. senator from the junior or senior class, to be nominated by the S.G.A. president.
D. 1. The Chair of the Standing committee or parent committee shall appoint, or conduct an election for, subcommittee chairs.
Section 5. Meetings.
Upon organization by the Senate each committee shall meet, establish and publish a list of its scheduled meetings according to the following calendar:
A. FACULTY SENATE
The first Wednesday of each month
COMMITTEE ON ACADEMIC AFFAIRS
The third Wednesday of each month
SUBCOMMITTEE ON CURRICULUM
The first Thursday of each month
SUBCOMMITTEE ON ACADEMIC SUPPORT SERVICES
The second Tuesday of each month
SUBCOMMITTEE ON ENROLLMENT MANAGEMENT
The second Wednesday of each month
COMMITTEE ON FACULTY AND INSTITUTIONAL AFFAIRS
The third Thursday of each month
SUBCOMMITTEE ON FACULTY DEVELOPMENT AND WELFARE
The second Thursday of each month
COMMITTEE ON STUDENT AFFAIRS AND CAMPUS LIFE
The third Monday of each month
SENATE EXECUTIVE COMMITTEE
Always on a Tuesday, eight days prior to each Senate meeting
COMMITTEE ON COMMITTEES AND ELECTIONS
Always available for required tasks
Special meetings may be called as the need arises.
The Senate Chair and Executive Committee will publish, at the start of the fall semester, a calendar for the academic year of meeting dates and times for each Standing Committee and related Subcommittees of the Senate. The Chair and Executive Committee will also solicit meeting information from other Committees that are related to the Senate. This information will be summarized and published as early as possible in the fall semester.
C. Absences from Meetings
When a member of either a Committee or Subcommittee cannot be present for a meeting and requests to be excused, such request must be addressed to the Chair of the Committee or Subcommittee, preferably in writing. Two unexcused absences will result in a committee or subcommittee vote as to the removal of that member. A replacement, if necessary, will be chosen in accordance with Article VI, Section 3. A of the Faculty Constitution (for a subcommittee member) and Article VI, Section 4 (for a committee member).
Section 6. Faculty Research Advisory Board
A. The Faculty Research Board, a Continuing Committee of the Faculty Senate, shall advise the Faculty Senate and the Chancellor with respect to issues affecting faculty research, scholarly and creative activity. It shall propose initiatives that support faculty research, scholarship and creative activity; consider issues related to these activities submitted to it by the faculty; and monitor the general campus climate for such efforts.
B. The members of the Faculty Research Advisory Board shall be selected on the basis of demonstrated experience in research, scholarly or creative activity and be reflective of a diversity of disciplines. The Board shall meet at least once a semester and more frequently if needed.
Section 7. Teacher Education
The Teacher Education Committee (not a committee of the Senate but a committee of the University) shall submit directly to the Senate for its approval all matters of policy pertaining to undergraduate teacher education. All undergraduate curriculum proposals originating in the Teacher Education committee shall be referred to the Subcommittee on Curriculum. Graduate policy and curriculum matters shall be referred to the Graduate Council.
Section 8. Graduate Council
The Graduate Council (not a committee of the Senate but a committee of the University) shall submit directly to the Senate for its approval all matters of policy pertaining to the graduate program. All curriculum proposals from the Graduate Council shall be referred to the Subcommittee on Curriculum.
Section 9. The Chairs of the Faculty Hearing Committee and the Faculty Grievance Committee will report to the Faculty Senate early in the fall semester on the number of cases heard during the previous academic year (and/or summer).
Section 10. Other University Committees
University Committees (not committees of the Faculty Senate, but Committees appointed by the Chancellor or the Vice Chancellors) shall report to the Faculty Senate at the last meeting of each semester. The reporting committee should be represented by a member of the Faculty who is also a member of that committee. The Senate, which should expect a written and oral report of the committee's activities during the past semester, should feel free to ask questions and to send requests to the committee.
The committees include:
Academic Computing Advisory Committee
Advisory Committee on Institutional Effectiveness/Assessment
Chancellor's Scholars Council
Committee on Campus Planning
Faculty Research and Development Committee
General Education Advisory Committee
Institutional Review Board for Research Involving Human Subjects
Traffic Control Board
University Athletics Committee
World Studies Committee
ARTICLE VII. ELECTIONS OF DELEGATES TO THE FACULTY ASSEMBLY OF THE UNIVERSITY OF NORTH CAROLINA
Any faculty member who is eligible to serve on the Senate is also eligible to serve as a Delegate or Alternate to the Faculty Assembly of The University of North Carolina. A delegate may serve no more than six of the preceding nine years; the terms of Alternates shall correspond to the terms of Delegates. Regular terms, three years in length, shall begin and end on July 1 of each year. Election of one Delegate and one Alternate shall be held in the spring when needed. Should either a Delegate or an Alternate at some time during his/her term find it impossible to continue serving, an election to replace him/her shall be held as soon as possible after the vacancy occurs; and the faculty member shall complete the unexpired term.
Section 2. Senators-at-Large shall be elected by campus-mail ballot immediately following election of Divisional Senators according to procedures prescribed by the Committee on Committees and Elections. Selections will be made from a list of those eligible to serve that will be circulated to the faculty not later than one week prior to the meeting date.
Section 3. Delegates to the Faculty Assembly
Any faculty member who is eligible to serve on the Senate is also eligible to serve as a Delegate or Alternate to the Faculty Assembly of The University of North Carolina. A Delegate may serve no more than six of the preceding nine years; the terms of Alternates shall correspond to the terms of Delegates. Regular terms, three years in length, shall begin and end on July 1 of each year. Election of one Delegate and one Alternate shall be held in the Spring as required. Should either a delegate or an alternate at some time during his/her term find it impossible to continue serving, an election to replace him/her shall be held as soon as possible after the vacancy occurs; and the faculty member elected shall complete the unexpired term.
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1999 - 2000 FACULTY SENATE
SUELLEN CABE, CHAIR
Nancy Barrineau, SECRETARY
To August 2000
ART Beth Maisonpierre
EDU Zoe Locklear
LET Kathleen Hilton
NSM Pete Wish
SBS Wright Killian
To August 2000
| To August 2001
ART Larry Arnold
EDU Irene Aiken
LET Merrill Miller
NSM Paul Flowers
SBS Debbie Preston
|To August 2001
|To August 2002
ART Chet Jordan
EDU Sandra Cross
LET Wes Cook
NSM Jose D'Arruda
SBS Pat Cabe
|To August 2002
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Last updated: July 30, 1999
CHARTER OF THE FACULTY ASSEMBLY
THE UNIVERSITY OF NORTH CAROLINA
I. OBJECTIVES AND FUNCTIONS
1. The Faculty Assembly of The University of North Carolina shall gather and exchange information on behalf of the faculties of the constituent institutions of The University of North Carolina.
2. The Assembly shall, through appropriate channels, advise the Board of Governors of The University of North Carolina, the General Assembly, and other governmental agencies and officers on matters of university-wide import.
3. The Assembly shall advise and communicate with the President of The University of North Carolina with regard to the interests of the faculties and other matters of university-wide import.
II. ORGANIZATION AND RELATIONSHIPS
1. Representation in the Assembly shall be apportioned among the constituent institutions of The University of North Carolina with regard to the number of full-time faculty and professional staff members in the service of each institution. Each institution having not more than 300 full-time faculty and professional staff members shall choose two delegates; each institution having from 301 to 600 full-time faculty and professional staff members shall choose three delegates; each institution having 601 and 900 full-time faculty and professional staff members shall choose four delegates; and each institution having more than 900 full-time faculty and professional staff members shall choose five delegates. At any time that the number of full-time faculty and professional staff members of an institution changes so as to entitle it to a larger or smaller number of delegates under the foregoing formula, the number of its delegates forthwith shall be changed accordingly. Every delegate to the Assembly shall be a full-time faculty or professional staff member of the institution he seeks to represent. The manner of selection of delegates shall be determined by the faculties of the respective institutions consistent with their institutional practices. Terms and rotation of delegates shall be specified in the by-laws.
2. The Assembly shall have a Chairman and other such officers, who shall be chosen in such manner and for such terms, as the Assembly may provide in its by-laws.
3. Each institutional delegation to the Assembly shall make available to the faculty of its institution the official minutes of the proceedings of the Assembly, together with the written report of the delegation.
1. The Assembly shall adopt its own by-laws.
2. The by-laws of the Assembly shall provide for regular, stated meetings of the Assembly, which shall be held at various locations.
3. Special meetings of the Assembly may be called by the President of The University of North Carolina, by the officers of the Assembly, or by members of the Assembly, in accordance with procedures to be established in the by-laws of the Assembly.
4. Records of the activities of the Assembly shall be kept and transmitted to the appropriate successor officers of the Assembly.
5. Released time shall be made available to the officers of the Assembly, subject to the approval of the President of The University of North Carolina.
6. The Assembly shall be provided by The University of North Carolina with necessary secretarial assistance and other related services and resources.
7. The members of the Assembly shall be reimbursed by The University of North Carolina for expenses incurred in attending meetings of the Assembly.
IV. RATIFICATION AND AMENDMENT OF THE CHARTER
1. This Charter shall be transmitted to the constituent institutions of The University of North Carolina for ratification or rejection by the faculty of each institution in accordance with the processes of that institution. The Charter shall become effective upon its ratification by two-thirds of the constituent institutions of The University of North Carolina. The institutions whose faculties ratify the Charter shall become participating institutions and shall send delegations to the Assembly.
2. An amendment to the Charter may be introduced in the Assembly by any member of the Assembly; and if approved by a majority of the authorized membership of the Assembly, it shall be transmitted to the participating institutions of the Assembly for ratification by the faculty of each institution in accordance with the processes of that institution. An amendment shall become effective upon its ratification by two thirds of the participating institutions of the Assembly.
The foregoing Proposed Charter of the Faculty Assembly of The University of North Carolina was adopted unanimously by the University Faculty Assembly, representing all 16 public institutions of higher education in North Carolina, meeting in Greensboro on April 15, 1972.
John L. Sanders
Chairman of the Assembly
BYLAWS OF THE FACULTY ASSEMBLY
UNIVERSITY OF NORTH CAROLINA
I. Definition of Charter
The articles under which the Faculty Assembly came into existence are the Charter of the Faculty Assembly. Bylaws enacted by the Assembly are for the purpose of giving effect to the purpose and functions described in the Charter.
II. Members of the Assembly
A. The Assembly shall be composed of representatives from each institution according to the provisions as stated in Sec. II, Par. 1 of the Charter.
B. The Assembly shall make no determination of the methods of election, those matters being specifically reserved to the faculties of the several institutions.
C. The terms of delegates and alternates of the Assembly shall range from one (1) to three (3) years as established by each institution, and each institution shall assure continuity of delegation membership by a system of rotated terms. To be eligible as a delegate, a faculty member may not have served as a delegate to the Assembly for more than six (6) of the preceding nine (9) years, nor could he be elected to a term that would result in a violation of this limitation. Time spent while serving as an alternate is not counted in the above limitation.
D. Each institutional faculty shall determine the number of alternate delegates it believes necessary. The terms of Alternates shall correspond to the terms of Delegates.
E. All regular terms of service shall begin and end on July 1 of each year. The Delegate list and authorized Alternates for the coming academic year shall be in the hands of the Assembly Chairman by April 20.
A. The officers of the Assembly shall be a Chairman, a Vice-Chairman, and a Secretary.
B. Each officer shall serve for a term of one year but may be re-elected to two additional succeeding terms in that office, after which he shall be ineligible for re-election to the office for a period of one year.
IV. Senate Executive Committee
A. The Senate Executive Committee consisting of the three (3) elected officers, Chairman, Vice-Chairman, and Secretary, shall be established.
B. The Senate Executive Committee shall be responsible for preparing the agenda for meetings. All matters presented to the Senate Executive Committee by any Assembly Delegate, Assembly officers, or the President of The University of North Carolina shall be placed on the agenda not later that the time of the second regular meeting of the Faculty Assembly after receipt of such a recommendation.
A. Unless otherwise ordered by the Senate Executive Committee, there shall be at least four stated meetings of the Assembly during the academic year at dates and places to be established at the last regular meeting of the preceding Academic Year. All Assembly members shall be informed of these dates by that time. The regular Fall meeting shall not be scheduled for a date prior to September 1.
B. Special meetings shall be called:
1. By the President of The University of North Carolina at his discretion.
2. By the Senate Executive Committee on its initiative.
3. By the Chairman when a request is made to him by any institutional delegation.
C. The site of the regular meetings of the Assembly shall be determined by majority vote of members present, subject to A above. Special meetings may be held at whatever location seems most advisable to the Chairman.
D. No meetings of the Assembly shall be a legal meeting at which there are present fewer than a majority of the Assembly members.
E. Advance notice of all meetings shall be circulated to members so as to be received at least two weeks prior to the meeting. For special meetings in emergency situations, this provision may be waived by action of the Executive Committee.
F. The agenda for each meeting must be circulated so as to be received at least ten days in advance of the meeting (except in case of emergency as referred to in Section V, E). If an agenda item requires action by the Faculty Assembly, the recommendation shall be submitted to the Secretary by any Assembly member, and the Secretary shall be responsible for distribution of the recommendation with the agenda, or as soon thereafter as possible. The above shall not preclude any Assembly member from performing this distribution without use of the Secretary. No item of business may be acted upon by the Assembly unless the recommendation has been distributed to the Assembly 24 hours before action is to be taken. Except that the 24 hour rule may be waived by EITHER (1) a 2/3 vote of the members present at the meeting during which action is to be taken, OR (2) by virtue of the fact that the item of business requiring Assembly action received a majority vote of a quorum of a Standing or Ad hoc Assembly Committee. The agenda shall be open to all items submitted in time to meet the requirements of this Article.
A. There shall be no voting by proxy. Only members or their authorized alternates present at the meeting may vote.
B. When voting, and upon the request of any voting member of the Assembly or his authorized alternate, and with the approval of one-fifth of the voting members present, a roll call vote will be held.
A. It shall be incumbent upon each institution to designate and certify its Assembly members and alternates for the coming academic year on or before April 15.
B. Election of officers for the year shall take place at the last Spring meeting of the Assembly. Officers shall be elected by secret ballot in the following manner:
1. The order of election of officers shall be Chairman, Vice-Chairman, and Secretary.
2. Election shall be by a majority vote of those members present and voting.
C. The term of office for officers shall coincide with that specified in II, E for members of the Assembly.
D. An election to fill a vacancy in any office or on the Executive Committee can take place at any regular or special meeting of the Assembly.
VIII. Executive Committee
A. There shall be an Executive Committee consisting of the three officers of the Assembly, one officer from the staff of the University (who shall be appointed by the President of the University and who shall be a non-voting member of the committee), and the chairmen of the standing committees.
B. The Chairman of the Faculty Assembly shall be Chairman of the Executive Committee.
C. The Executive Committee shall review periodically the structure and functions of the standing committees and make recommendations to the Assembly for appropriate changes.
D. The Executive Committee shall assume only such prerogatives and powers as shall be delegated to it by a majority vote of the Faculty Assembly.
IX. Duties of Officers
A. The Chairman shall perform the duties usually associated with this office including, but not limited to, presiding at meetings of the Assembly, generally supervising the activities of the Assembly, appointing members of special committees and, with the guidance of the Executive Committee, appointing members, but not chairmen, of standing committees, and serving as chief liaison officer between the Assembly and the President of the University, the Board of Governors, and other appropriate agencies. If so desired by the President, the Chairman shall serve on the President's Administrative Council.
B. The Vice-Chairman shall perform the duties of the Chairman in the event of the Chairman's absence or disability. In the event that the office of Chairman falls vacant, the Vice-Chairman shall assume that office, and a new Vice-Chairman shall be elected at the next regular meeting.
C. The Secretary shall be responsible for the preparation of the minutes of all meetings and be custodian of the records of the Assembly. He shall be responsible for giving notice of meetingsof the Executive Committee and the Assembly, for circulating the agenda, and for distributing copies of the minutes to the Faculty Assembly and Executive Committee meeting to all Delegates and other designated individuals.
X. Committees (other than Agenda and Executive Committee)
A. Nominations Committee. At its second regular meeting of the year, the Faculty Assembly will elect a nominations committee which will be composed of five members, two of whom will be members of the Executive Committee (and preferably) in their last year on the Assembly and expect not to return. All members will be nominated and elected by the full membership of the Assembly. The Chairperson of the nomination committee will be elected by the committee. This committee shall circulate the slate of at least two nominees for each office of the Assembly and two nominees for each of the chairpersons of the standing committees. These nominees will be presented to the full membership of the Assembly at the third regular meeting of the Assembly. All nominees must have agreed to their nominations prior to election by (to the presentation of this slate to) the Assembly.
B. A Governance Committee, whose responsibility shall be to review and make recommendations on matters relating to the Charter and Bylaws of the Assembly, and to consider and make recommendations on matters including but not limited to the statutes, the Board of Governors, and the General Administration of The University of North Carolina. The parliamentarian of the Faculty Assembly will be an ex-officio advisory member of the committee who will not have voting rights in the committee and who according to Section XI, B shall not necessarily be a member of the Faculty Assembly.
C. A Committee on Professional Development, whose responsibility shall be to review and make recommendations on matters which enhance professional effectiveness of faculty members in the areas of teaching, research, and public service; leaves for professional development, reduced teaching loads for research, and professional travel and relevant concerns.
D. A Committee on Faculty Welfare, whose responsibility shall be to review and make recommendations on those factors which contribute to the professional satisfaction of the faculty. Included among these factors are salaries, fringe benefits, retirement programs, working conditions, and matters related to communications within the University System.
E. A Committee on Academic Freedom and Tenure, whose responsibility shall be to review and make recommendations on matters related to academic freedom and tenure, faculty role in personnel decisions, and the preservation of academic freedom and tenure.
F. A Committee on Budget, whose responsibility shall be to review and make recommendations on matters relating to educational budgets for the State as well as for The University of North Carolina. Responsibilities shall include the making of recommendations on the preparation of the budget and the priorities which lead to allocations to the constituent institutions.
G. Committee on Planning and Programs, whose responsibility shall be review and make recommendations on matters relating to educational planning for the State as well as for The University of North Carolina, including the review and evaluation of programs and the criteria for the initiation or termination of educational programs. The committee shall inform theAssembly of the progress and nature of the five-year programs as developed by the General Administration and the Board of Governors.
H. The Chairman and members of each standing committee shall be members of the Assembly.
I. Ad hoc committees may be appointed by the Chairman of the Assembly as appropriate. The chairman of each ad hoc committee shall be a member of the Assembly, but non-voting members may be co-opted from the student bodies or faculties of the several institutions. Co-opted members of an ad hoc committee may not exceed, in number, Assembly members on the Committee.
A. The Chairman shall, within a month of assuming office, submit to the President of The University of North Carolina a budget for the Assembly for the year, which shall include a specification of the office space, secretarial assistance, supplies and travel required for the business of the Assembly and its Delegates.
B. The rules contained in the latest revision of Robert's Rules of Order shall govern the Assembly in all cases to which they are applicable when they are not inconsistent with Bylaws or special rules of the Assembly. There shall be a parliamentarian at all meetings and he shall be appointed by the Chairman. (He need not be a member of the Assembly).
A. The basic record of the actions and deliberations of the Assembly shall be the minutes of meetings kept by, or under the supervision of, the Secretary of the Assembly. Copies of the minutes shall be circulated to all members of the Assembly, the chancellors of the various institutions, the President of the University, the Chairman of the Board of Governors, and such other individuals as the Assembly, President, or Chairman may designate.
B. The delegation from each institution shall submit to its faculty and to the Chairman of the University Faculty Assembly and annual report of the work of the Assembly.
1. This report shall be prepared in time for submission to the faculty concerned at its first regular Fall meeting.
2. The form of the report as well as the production of it shall be the sole responsibility of the Assembly members from that institution.
C. Special reports may be prepared from time to time by the Assembly and given such distribution as seems appropriate.
D. The records of the Assembly shall be open to inspection by any regular full-time member of the faculty of each institution and to such other persons as may be given permission by either the Assembly, the President, or the Chairman.
A. Faculty members from the participating campuses are eligible to attend sessions of the Assembly as observers. Faculty or student members of special committees may, as a matter of course, be eligible to attend and participate in those portions of meetings of the Assembly at which matters pertaining to those committees are discussed.
B. Alternate members of the Assembly, unless standing in for a voting member, may participate in discussions of the Assembly only when given privileges of the floor by the Chairman.
C. The President of the University and his designated representatives shall have a standing invitation to attend and participate in the discussions at all meetings. In the event of the absence of these individuals, the Chairman of the Assembly shall communicate the proceedings of that meeting to the President.
D. Other visitors may be admitted to meetings.
A. The Bylaws may be amended by the vote of two-thirds of those voting members present at any meting of the Assembly, provided the substance of the proposed amendment has been circulated in time to be received by all members at least one month prior to the meeting at which action is proposed.
B. No amendment to the Bylaws may have the effect of amending, modifying, or altering the Charter. It shall be the duty of the Executive Committee to insure that such will not be the result. (For amendments to the Charter, see Charter, IV,2.)
February 23, 1973 - Original
July 1, 1974 - Revised
December 5, 1975 - Revised
April 29, 1977 - Revised
April 28, 1978 - Revised
December 4, 1981 - Revised
February 25, 1983 - Revised
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TEACHER EDUCATION COMMITTEE
Mr. Timothy Altman
Ms. Heather Miller
Dr. Dan Barbee
|Dr. Donald Little
Dr. Zoe W. Locklear
Dr. Debra Preston
Dr. Donald Roy
Dr. Gilbert Sampson
Dr. Patricia Valenti
Dr. Rudy Williams
Graduate Student (TBA)
UNIVERSITY TECHNOLOGY COMMITTEE
Dr. Larry Arnold
Mr. Terry Oxendine
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Last updated: August 3, 1999
CODE OF CONDUCT
The University of North Carolina at Pembroke is an institution of higher education dedicated to meeting and developing the educational needs of young men and women who will take their places as respectable and trustworthy citizens of their country. It takes for granted that students will not be guilty of unlawful or unworthy conduct. In the event of an infraction against University policies, appropriate disciplinary action will be taken.
The aim of all discipline is two-fold: first, to develop self-control in the individual; and second, to protect the welfare of society. The emphasis is on rehabilitation and re-education rather than punishment per se.
Students who cannot, or will not, abide by the rules of the institution are not welcome at The University of North Carolina at Pembroke. It is suggested that they seek their formal education elsewhere. Too, the institution reserves the right to decline to register students whose past records, either before or after entrance to The University of North Carolina at Pembroke, are such as to indicate social, moral, or scholastic unfitness.
According to the By-Laws of the Board of Trustees of The University of North Carolina at Pembroke, ratified in March of 1968, the Administration of the University is responsible for all phases of student conduct and discipline. The administration holds that a student enrolling in the University assumes an obligation to conduct himself/herself in a manner compatible with the University's function as an educational institution. Further, the Board of Trustees has directed the administration to take appropriate disciplinary action against students and student organizations who are found to be in violation of the University's Code of Conduct. A UNCP student shall refrain from the following prohibited behaviors:
A. Disruptive and disorderly conduct;
B. Furnishing false information to the University with intent to deceive;
C. Withholding, with knowledge, information from the University;
D. Harassing, abusing, or threatening another by means other than the use or threatened use of physical force;
E. Endangering, injuring, or threatening to injure the person or property of another;
F. Entering residence halls, buildings, classrooms, or other University properties, or student properties (i.e., automobiles, lockers, or residences) without authorization;
G. Using abusive, obscene, vulgar, loud, or disruptive language or conduct directed toward and offensive to a member of or visitor to the University community;
H. Vandalizing, destroying maliciously, damaging or misusing public or private properties, including library materials;
I. Stealing or attempting to steal, aiding or abetting, receiving stolen property, selling stolen property, or embezzling the property of another person or the University (Book Selling - When a student resells a book to an individual or to the bookstore, that student is held responsible if the book which is being resold is stolen property. If, and when, a student buys a book from another student, it is the purchaser's or seller's responsibility to be able to identify the student involved. If the student buying the book will not or cannot identify the seller, the student buying the book will be held responsible. The student who sells a book to another student should always have his/her ID number in the book);
J. Being intoxicated in public, displaying, driving under the influence, or illegally possessing or using alcoholic beverages or liquors;
K. Refusing to comply with any lawful order of a clearly identifiable University official acting in the performance of his/her duties in the enforcement of University policies (Residence staff members are considered University officials when acting in an official capacity);
L. Failing to present his/her ID when requested to do so by a University official;
M. Illegally manufacturing, selling, using, or possessing narcotics, barbiturates, amphetamines, marijuana, sedatives, tranquilizers, hallucinogens, and/or other known drugs and/or chemicals;
N. Buying, selling, possessing, or using any kind of drug paraphernalia or counterfeit drugs;
O. Participating in hazing or harassment of UNCP students;
P. Forging, altering, defrauding, or misusing documents, charge cards or money, checks, records, and ID cards of an individual or the University;
Q. Violating the Academic Honor Code (See Appendix J);
R. Possessing or using firearms, fireworks, explosives, or illegal weapons on University property;
S. Obstructing justice by hindering or impeding a duly authorized function of any judicial hearing;
T. Obstructing or disrupting teaching, research or other University activities, including public service functions or other authorized activities on university premises;
U. Violating policies governing residence life;
V. Neglecting to discharge all obligations to the University prior to the close of each semester;
W. Sexual harassment of any member of the University community;
X. Misusing, tampering with, or disturbing without proper cause any fire prevention and control equipment;
Y. Loitering around the residence halls after visitation hours have expired;
Z. Knowingly acting as an accessory to any of the charges contained herein by:
1. Being present while the offense is committed and advises, instigates, or encourages the act, or
2. Facilitating in the committing of an offense in any way.
Students are subject to federal, state and local laws as well as University rules and regulations. A student is not entitled to greater immunities or privileges before the law than those enjoyed by other citizens generally. Students are subject to such disciplinary action as the administration of the University may consider appropriate, including possible suspension and expulsion for breach of federal, state or local laws, or University regulations. This principle extends to conduct off campus which is likely to have adverse effect on the University, or on the educational process or which stamps the offender as an unfit associate for the other students.
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THE UNIVERSITY OF NORTH CAROLINA AT PEMBROKE
The University is dedicated to providing a work, study, and recreational environment that does not include illegal drugs, abuse of prescription medications, or excessive use of alcohol. All students, staff, faculty, and guests are viewed by the University as individually responsible and legally accountable for their actions. The illegal possession, sale or use of drugs, including alcohol, adversely affects the academic community. Toward that end, the University notifies, in writing, the parents of students under the age of 21 of such offenses.
The University has developed drug education, prevention, and intervention programs. Members of the University community are encouraged to take advantage of the services provided.
II. Alcohol/Drug Education Programs
A. Alcohol Drug Abuse Prevention Team (ADAPT)
ADAPT was initiated in 1988 to provide all members of the University community with coordinated drug-related education, prevention, and intervention services. The term "drugs" includes both legal drugs (i.e., alcohol, prescription medications, over-the-counter medications, nicotine, caffeine, etc.) and illegal drugs as covered by the Controlled Substance Act (N.C.G.S. 90-88 et. seq.). ADAPT defines its mission as prevention, intervention, and education concerning the use and/or abuse of alcohol and other drugs.
A staff member of the Counseling and Testing Center serves as chair of ADAPT. The team represents a cross-section of the University and local community. The chair prepares an annual report for the Chancellor.
ADAPT activities encourage individuals to:
• Value and maintain sound health.
• Respect state/federal laws and University regulations.
• Recognize and resist pressure to use drugs.
• Promote drug-free activities.
• Promote the use of rehabilitation resources.
• Recognize the incompatibility of drug abuse and maximum achievement of personal goals.
B. Educational Activities and Counseling Services
1. Student Affairs provides the following.
a. Annual written notification to all enrolled students of the consequences of drug use and/or abuse.
b. Administration of an annual, anonymous, freshman wellness survey.
c. Educational programs in a variety of formats.
d. A library of multimedia on drug related topics.
e. Alternative programming promoting drug-free fun.
f. Living/Learning programs in the residence halls.
g. Observance of National Collegiate Alcohol Awareness Week.
h. Peer-educators to encourage informed choices concerning alcohol consumption and to discourage the use of illegal drugs.
I. Twelve-step meeting schedules, e.g., AA, NA, etc.
j. Referral information for students and employees.
k. Drug assessment and/or counseling for students and employees.
l. Support groups and drug awareness workshops.
2. Academic Affairs provides the following.
a. Alcohol/drug modules in all Freshman Seminar classes.
b. Academic credit courses in drug abuse prevention and chemical dependency.
c. Academic credit courses in wellness and fitness.
d. A Wellness Committee to promote healthy employees.
e. Annual written notification of all faculty of the consequences of drug use and/or abuse and resources, including EAP, for counseling and rehabilitation.
3. Business Affairs provides the following.
a. An Employee Assistance Program (EAP) which includes consultation, assessment, and referral for drug-related concerns.
b. Annual written notification of all employees of the consequences of drug use and/or abuse.
III. Institutional Policy on Drugs
The illegal possession, sale, or use of drugs, including alcohol, will not be tolerated at the University. Violation will result in sanctions which may include dismissal from employment or the termination of student status. The University may impose sanctions, if it is proven by a preponderance of evidence (greater weight of the evidence), that a violation has occurred. Employees and students are subject to federal, state, and local laws as well as University rules and regulations. Members of the University community are not entitled to greater immunities or privileges before the law than those enjoyed by other citizens generally. The following are the minimum penalties that shall be imposed for particular offenses.
A. Abuse of Prescription and/or Over-the-counter Medications
The abuse of legal medications can lead to serious health complications. Abuse of some medications can lead the individual to exhibit behavior which is dangerous to self and others. The University strongly supports efforts of individuals to change abusive behavior and offers services through both the Counseling & Testing Center and Student Health Services. Continued abuse and disruptive behavior may result in disciplinary action.
B. Alcohol Possession and Consumption Regulations
1. Programs exist on campus to assist persons of legal age in making informed choices concerning alcohol consumption.
2. Students of legal age are permitted to possess and consume beer, unfortified wine, fortified wine, spirituous liquor, and mixed beverages only within the confines of their residence hall rooms.
3. A student, age 21 or older, is permitted to carry in and consume beer (limit 72 oz.), or unfortified wine (limit 25-30 oz.), or wine coolers (limit 60 oz. with 17% or less alcohol content) at the annual Homecoming Dance. The sharing of alcoholic beverages during the dance is not permitted. Violators will be dismissed from the dance and will be subject to disciplinary action. Spirituous liquor and fortified wine (more than 17% alcohol, e.g., sherry, brandy) are prohibited at the Homecoming Dance. Individuals may be prohibited from bringing in alcohol, if it appears that they have consumed alcoholic beverages prior to the dance.
4. Student possession and/or consumption of any alcoholic beverage is prohibited at any location except as indicated in Section III, Subsection B, 2 and 3 of this Drug Policy.
5. Alcoholic beverages may be used only as a complement to an event, not as a main focus. Event sponsors must provide a proportionate amount of non-alcoholic beverages.
6. Student fees cannot be used to purchase alcohol.
7. Kegs are not permitted on campus. Kegs brought onto campus will be seized as contraband by the Campus Police and the contents destroyed. Kegs may be retrieved with proof of ownership when the student is prepared to remove them from campus.
8. For offenses involving the illegal possession, consumption or excessive use of alcohol requiring the involvement of Campus Police and the Office of Student Affairs, the minimum penalty shall be an official reprimand. In addition, all first-time offenders of the alcohol policy will be assessed an administrative fine of $35, payable to the University Cashier. Sanctions shall be determined on a case-by-case basis and may include mandatory participation in a drug education and/or counseling program and conditions/restrictions as the Chancellor or his designee deems appropriate. Failure to comply with the sanctions imposed may result in suspension from the University.
9. Repeat offenders will be assessed an administrative fine of $50, and progressively more severe sanctions will be imposed. Habitual offenders risk being suspended from the University.
10. Guests in violation of this Drug Policy may be required to leave campus. Students who have guests on campus are responsible for their guests at all times and will be held accountable for their guest's actions.
C. Illegal Possession of Drugs and/or Paraphernalia
1. For a first offense involving the illegal possession or use of any controlled substance identified in Schedule I, N.C. General Statutes 90-89, or Schedule II, N.C. General Statutes 90-90, the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent.
2. For a first offense involving the illegal possession or use of any controlled substance identified in Schedules III through IV, N.C. General Statues 90-91 through 90-94, (including, but not limited to, marijuana, rohypnol, phenobarbital, codeine) and/or the possession of drug paraphernalia, the minimum penalty shall be probation, for a period to be determined on a case-by-case basis. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation. A person on probation must agree to participation in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor's designee deems appropriate. For a student's first offense of simple possession or use of marijuana and/or possession of drug paraphernalia, there will be an administrative fine of $75, payable to the University Cashier. This does not preclude criminal action from being initiated in the local courts.
3. For second or other subsequent offenses involving the illegal possession of controlled substances, the minimum penalty shall be suspension for a period to be determined on a case-by-case basis; more severe penalties may be imposed, including expulsion of students and discharge of employees. To be readmitted after a suspension, the student (at his/her own expense) must submit documentation of multiple negative drug tests over a period of time.
4. Section 483 of the Federal Higher Education Amendments of 1998 states; "A student who has been convicted of any offense under federal or state law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction" and lasting for one year, two years, or indefinitely, depending on the offense.
D. Trafficking in Illegal Drugs
1. For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sale or deliver, any controlled substance identified in Schedule I, N.C. General Statutes 90-90 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 shall be expelled and any employee shall be discharged.
2. For a first offense involving the illegal manufacture, sale or delivery, or possession with intent to manufacture, sale or deliver, any controlled substance identified in Schedules III through IV, N.C. General Statutes 90-91 through 90-94, (including, but not limited to, marijuana, rohypnol, phenobarbital, codeine) the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. For a second offense, any student shall be expelled and any employee shall be discharged.
E. Suspension Pending Final Disposition
A student, faculty member, administrator, or other employee charged with a Drug Policy violation 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 his designee concludes that the person's continued presence would constitute a clear and immediate danger to the health or welfare of other members of the University community. When a suspension is imposed, a hearing shall be held as promptly as possible.
Students, faculty, and staff are subject to local, state, and federal laws relating to drug abuse. Action on the part of the University is based upon its right to carry out its appropriate mission and is not designed to be merely punitive. University action is not dependent upon and does not preclude criminal or civil action in the courts. 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 Section 502 D (3) and Section 603 of the University Code; by the Board of Governors policies applicable to other employees exempt from the State Personnel Act; and by regulations of the State Personnel Commission. Faculty should refer to Section 3-4, "Due Process Before Discharge or The Imposition of Serious Sanctions" and Appendix H in the Faculty Handbook. Students should refer to the "Student Government Association Constitution" in the Student Handbook, Article IV, "The University Hearing and Appeal System." State Personnel Act employees should refer to the NC Personnel Manual (located in Human Resources office), Section 9, "Disciplinary Action, Suspension and Dismissal."
IV. Annual Report
The Chancellor will submit an annual report of campus activities related to illegal drugs to the Board of Trustees and to the President of The University of North Carolina.
V. Health Risks of Psychoactive Drugs
All psychoactive drugs (including alcohol) can produce negative health risks associated with long-term chronic use. Some of the related health risks are listed below.
• Alcohol (medically classified as a depressant)—Central nervous system depression, impaired judgment, liver damage, malnutrition, pancreatitis, lowered immunities and severe birth defects in babies whose mothers use alcohol during pregnancy. Overdose may result in coma and death.
• Marijuana—Increased heart rate, lowered body temperature, impaired coordination, appetite stimulation, weakened immune system, increased risk of throat/lung cancer, and speech/memory/learning distortions. Long-term use may result in disorientation, anxiety, amotivational syndrome, and reproductive system abnormalities.
• Narcotics (e.g., codeine, heroin, morphine)—Shallow breathing, reduced sex drive, apathy, anxiety, mood swings, nausea, and respiratory depression. Overdose may induce coma, convulsions, and respiratory arrest or death.
• Stimulants (amphetamines)—Anxiety, agitation, malnutrition, irregular heartbeat, chronic sleeplessness, and amphetamine psychosis.
• Cocaine—Anxiety, insomnia, paranoia, perforation of the nasal septum, seizures, and cardiac arrest.
• Inhalants—Nausea, headaches, perceptual distortions, and permanent damage to bone marrow, lungs, liver and kidneys. A risk of lung or cardiac arrest with initial or repeated use.
• Hallucinogens (e.g., LSD, hallucinogenic mushrooms)—Visual distortions, increased heart rate and blood pressure, psychotic episodes, panic disorders, and flashbacks.
• Depressants (e.g., Librium, Xanax, Valium)—Central nervous system depression, staggering gait, visual disturbances, lethargy, dizziness, and nausea.
• Rohypnol (flunitrazepam, called the date rape drug)—Drowsiness, impaired motor skills, inability to recall events. Combined with alcohol or other drugs may lead to respiratory depression, aspiration, and death.
THE UNIVERSITY OF NORTH CAROLINA
POLICY ON ILLEGAL DRUGS
The Code of The University of North Carolina describes the University as "an academic community dedicated to the transmission and advancement of knowledge and understanding." The Board of Governors therefore is committed to the maintenance and protection of an environment in which students and faculty members "may responsibly pursue these goals through teaching, learning, research, discussion and publication, free from internal or external restraints that would unreasonably restrict their academic endeavors." Moreover, it is the obligation of all members of the University community -- faculty, students, administrators, and other employees -- to help maintain an environment where "academic freedom flourishes and in which the rights of each member of the academic community are respected."
A new threat to higher education communities has emerged. Illegal drugs now endanger the health and safety of members of these communities and imperil the integrity of the pursuit of learning. The institutions of The University of North Carolina are not immune to this threat. Illegal drugs now constitute such a serious problem nationwide that within the University system certain specific and uniform University policies are warranted. Success in combating the problem depends ultimately on the cooperative efforts of members of governing boards, students, faculty members, administrators and all other employees. Thus, it is on each campus of the University that a properly balanced program of educational efforts and punitive sanctions must be achieved. Accordingly, to support and assist the constituent institutions of The University of North Carolina in their continuing efforts to meet this threat, the Board of Governors adopts this policy.
II. POLICIES APPLICABLE UNIVERSITY-WIDE
Each Board of Trustees shall adopt a policy on illegal drugs applicable to all students, faculty members, administrators, and other employees. The Board of Governors recognizes that each such policy must address the circumstances and needs of the particular campus. However, the President shall ensure that the policy of each institution incorporates and is fully consistent with the following basic requirements.
A. Education, Counseling and Rehabilitation
1. Each constituent institution shall establish and maintain a program of education designed to help all members of the University community avoid involvement with illegal drugs. The educational program shall be publicized in catalogues 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 that law is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the University. It is not "double jeopardy" for both the civil authorities and the University to proceed against and punish a person for the same specified conduct. The University will initiate its own disciplinary proceeding 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 Section 502D(3) and Section 603 of the University Code, by Board of Governors' policies applicable to other employees exempt from the State Personnel Act, and by regulations of the State Personnel Commission.
4. The penalties to be imposed by the University may range from written warnings with probationary status to expulsions from enrollment and discharges from employment. However, the following minimum penalties shall be imposed for the particular offenses described.
a. 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 I, N.C. General Statutes 90-89, or Schedule II, N.C. General Statutes 90-90 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone), any student shall be expelled and any faculty member, administrator or other employee shall 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, pentobarbital, codeine) the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. For a second offense, any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.
b. 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 shall 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 shall be probation, for a period to be determined on a case-by-case basis. A person on probation must agree to participate in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor's designee deems appropriate. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation.
(3) For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members, administrators or other employees.
5. Suspension Pending Final Disposition
When a student, faculty member, administrator, or other employee has been charged by the University with a violation of policies concerning illegal drugs, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor or, in the Chancellor's absence, the Chancellor's designee concludes that the person's continued presence within the University community would constitute a clear and immediate danger to the health or welfare of other members of the University community; provide, 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.
III. IMPLEMENTATION AND REPORTING
A. Each Board of Trustees shall adopt a policy on illegal drugs, the provisions of which shall be consistent with the requirements of Section II of this policy. The Chancellorshall file a copy of the campus policy with the President, and notice of any change that may be made in the policy from time to time also shall be filed with the President.
B. To carry out this policy, it generally will be necessary for each campus to revise its current policies and programs. New activities will have to be initiated in some University agencies that heretofore have not had a specific policy on illegal drugs. The President will confer with the Chancellors to determine what additional funding may be needed to make this policy effective, and the President will make recommendations to the Board of Governors by the fall of 1988 for any budget request or increases in fees that may be needed to achieve this objective.
C. Each Chancellor shall designate a coordinator of drug education. This person, acting under the authority of the Chancellor, will be responsible for overseeing all actions and programs relating to the campus policy.
D. Annually, each Chancellor shall submit to the Board of Trustees a report on campus activities related to illegal drugs for the preceding year. The report shall include, as a minimum, the following: (1) a listing of the major education activities conducted during the year; (2) a report on any illegal drug-related incidents, including any sanctions imposed; (3) an assessment by the Chancellor of the effectiveness of the campus program and; (4) any proposed changes in the policy on illegal drugs. A copy of the report shall be provided to the President, who shall confer with the Chancellor about the effectiveness of campus programs. The President periodically shall report to the Board of Governors.
Approved by the Board of Trustees on May 7, 1988.
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THE UNIVERSITY OF NORTH CAROLINA AT PEMBROKE
ACADEMIC HONOR CODE
The University of North Carolina at Pembroke Academic Honor Code sets forth the standards of academic honesty and integrity for students at UNCP and describes attendant faculty responsibilities. Students and faculty are expected to be familiar with its provisions. This Code defines student behavior which violates the standards (Section III), and enumerates the penalties for violations and the circumstances under which such penalties may be imposed (Section IV).
Section V sets forth the procedures for dealing with cases where a violation of the Academic Honor Code is alleged. Those procedures permit a faculty member to address a student's first violation through discussion with the student. If the student freely admits the offense and accepts the penalty assigned by the faculty member, an agreement settling the matter is signed by both, the faculty member imposes the penalty, and the matter ends (Section V. A.). If UNCP records show that the student has previously committed an Academic Honor Code violation, or if the student decides not to admit guilt or accept the penalty, or if the faculty member believes that the seriousness of the offense warrants a more severe penalty than those which may be imposed in the settlement process, the matter must be referred to the Campus Hearing Board (Section V.B.) if any penalty is to be imposed. The Campus Hearing Board hears the evidence from the faculty member and student and determines whether the student did commit a violation. If no violation is found, the matter ends and no penalty may be imposed. If the Campus Hearing Board finds that the student did commit a violation, it determines the appropriate penalty (Section V.C.). A student found guilty may appeal the Campus Hearing Board's decision to the Campus Appeal Board (Section V.D.).
II. STATEMENT OF PRINCIPLES
Academic honor and integrity are essential to the existence of a university community. Without maintenance of high standards of honesty, members of the instructional faculty are defrauded, students are unfairly treated, and society itself is poorly served. Maintaining the academic standards of honesty and integrity is ultimately the formal responsibility of the instructional faculty. To meet their responsibilities when academic dishonesty is suspected, individual faculty members must follow the policies and procedures stated in this Code.
Students are also members of the academic community. As responsible members of the University, students are obligated not to violate the basic standards of honor, and they are expected to take an active role in encouraging other members to respect those standards. Should a student suspect a violation of the Academic Honor Code, he/she should make the suspicion known to a member of the faculty or University administration.
Commitment to maintaining and encouraging high standards of academic honesty and integrity is demonstrated in many ways. One manifestation is the policies and procedures governing violation of the standards. Herein contained are the provisions of the UNCP Academic Honor Code.
III. DEFINITIONS OF VIOLATIONS
Definitions and/or examples of violations of the Academic Honor Code are as follows.
Intentionally using or attempting to us unauthorized materials, information, notes, study aids or other devices in any academic exercise. This definition includes unauthorized communication of information (oral and/or written) or receipt of such information during an academic exercise.
Intentionally or knowingly presenting the work of another as one's own (i.e., without proper acknowledgement of the source).
C. FABRICATION AND FALSIFICATION:
Intentional and unauthorized alteration or invention of any information or citation in an academic exercise. Falsification is a matter of altering information, while fabrication is a matter of inventing or counterfeiting information for use in any academic exercise.
D. ABUSE OF ACADEMIC MATERIALS:
Intentionally or knowingly destroying, stealing, or making inaccessible library or other academic material.
E. COMPLICITY IN ACADEMIC DISHONESTY:
Intentionally or knowingly helping or attempting to help another to commit an act of academic dishonesty.
All acts of academic dishonesty violate standards essential to the existence of an academic community. Some first offenses are properly handled and remedied by the faculty member teaching the specific course in which they occur. The faculty member must use the settlement procedure described in Section V to handle such an offense. The penalties which may be assessed are limited to the following: (a) a formal warning/reprimand, (b) a reduced grade (including F) for the assignment, (c) a reduced grade (including F) for the entire course. Whatever the penalty, a signed form regarding the settlement will be kept for five years (or until the student graduates) in the Office for Student Affairs. The purpose of this record-keeping is to be sure students who violate the Academic Honor Code a second time are dealt with appropriately. A second purpose is to deter students from repeating offenses.
All second offenses and some first offenses have import beyond the specific course in which the violation occurred. The Campus Hearing Board handles such violations, and the possible penalties are greater. In these cases the Campus Hearing Board may impose any of the penalties listed above (a,b,c) and/or the following: (d) disciplinary suspension from the University for a designated period of time (one semester, one year, etc.); or (e) dismissal from the University for an indefinite period of time.
In all determinations of penalty, the following factors should be considered:
1. The nature and seriousness of the offense.
2. The injury or damage resulting from the misconduct.
3. The student's motivation and state of mind at the time of the incident.
4. The student's prior disciplinary record.
5. The student's attitude and demeanor subsequent to the violation.
V. PROCEDURES FOR HANDLING CASES
A faculty member responsible for assigning final grades in a course may acquire evidence directly or through information supplied by others that a student violation of the Academic Honor Code may have occurred. After collecting the evidence available, the faculty member should determine whether it warrants proceeding to the next level of inquiry.
If the faculty member determines that the evidence is sufficient, he/she should contact the Vice Chancellor for Student Affairs, who will determine from his records whether the student has previously admitted to or been found guilty of an Academic Honor Code violation. If the suspected violation would be a second offense, the faculty member must take the case to the Chairperson of the Campus Hearing Board. If the suspected violation would constitute a first offense but one which the faculty member considers the appropriate penalty to be more severe than F in the course, the case must be brought to the Chairperson of the Campus Hearing Board. If the faculty member believes, however, that the suspected violation would be remedied by a penalty no greater than F in the course, the settlement procedure may be used to conclude the matter and provide a record (see Section IV. Penalties).
Once a student has received notice that he/she is charged with an Academic Honor Code offense, the student is not permitted to withdraw from the course in order to avoid the appropriate penalty.
A. SETTLEMENT PROCEDURE
The faculty member meets with the student and presents the evidence of an Academic Honor Code violation, then requests an explanation from the student. After hearing the explanation, if the faculty member determines that a violation has occurred, he/she fills out and signs the approved form distributed to all faculty members, noting the penalty to be applied, and gives the form to the student. The student has three school days to consider and seek advice on whether to admit guilt and accept the penalty by signing that form. If the student agrees to sign, he/she does so in the presence of the faculty member who thenimplements the penalty. The faculty member forwards the settlement form to the Vice Chancellor for Student Affairs, who keeps a record of first offenses for five years (or until the student graduates), and thus the matter is ended. If the student decides not to admit guilt or not accept the penalty, the faculty member must take the case to the Chairperson of the Campus Hearing Board, if any penalty is to be imposed.
B. CAMPUS HEARING BOARD
The Campus Hearing Board is made up of three faculty members and one administrative member appointed by the Chancellor of the University, and three students appointed by the President of the Student Government Association. The conduct of Hearings is outlined in Article IV, Section C.2 of The University of North Carolina at Pembroke Student Constitution.
Where a student is not found in violation of the Academic Honor Code, a written report is prepared and sent to the Vice Chancellor for Student Affairs, who will maintain a confidential file of materials related to the case. No part of the file becomes part of the student's disciplinary record. The case is closed, and no penalty may be imposed.
Where a student is found guilty of violating the Academic Honor Code, the Campus Hearing Board determines the appropriate penalty. Both student and faculty may submit evidence and make statements concerning the appropriate sanctions to be imposed. The Vice Chancellor for Student Affairs will supply the student's previous Academic Honor Code disciplinary record.
At the conclusion of the evidence on the appropriate penalty, the Campus Hearing Board determines the penalty, and prepares a written report to the student and the Vice Chancellor for Student Affairs, who notifies the faculty member and the Provost and Vice Chancellor for Academic Affairs of its contents. If a penalty of a grade of F in the course or less is to be assigned, the faculty member imposes that penalty determined by the Campus Hearing Board and no other penalty. If a greater penalty is deemed appropriate, the Vice Chancellor for Student Affairs implements the penalty indicated in the report. The student will be notified within five days of the Campus Hearing Board's determination of penalty.
C. CAMPUS APPEAL BOARD
A student found guilty has the right of appeal, and is permitted five school days from the date the student receives notice of the report of the Campus Hearing Board to file a written notice of appeal with the Vice Chancellor for Student Affairs. Failure to do so will render the decision of the Campus Hearing Board final and conclusive.
If the request for appeal has been timely filed, the Vice Chancellor for Student Affairs shall deliver this request as well as materials related to this case to the Campus Appeal Board.
The composition of the Campus Appeal Board and its adjudicatory powers are described in Article V, Section C.1 of The University of North Carolina at Pembroke StudentConstitution. For Academic Honor Code violations and their appeals, the Provost and Vice Chancellor for Academic Affairs or his or her designate will represent the Chancellor for the University.
VI. ADVICE TO THE FACULTY
1. Faculty members should outline their expectations pertaining to the Academic Honor Code at the beginning of each course. In doing so they might authorize or prohibit specific forms of student conduct which are unique to their courses or disciplines. They should refer students to this Academic Honor Code. It is recommended that the following statement be included in all course syllabi:
STUDENT ACADEMIC HONOR CODE
Students have the responsibility to know and observe the UNCP Academic Honor Code. This code forbids cheating, plagiarism, abuse of academic materials, fabrication, or falsification of information, and complicity in academic dishonesty. Any special requirements or permission regarding academic honesty in this course will be provided to students in writing at the beginning of the course, and are binding on the students. Academic evaluations in this course include a judgement that the student's work is free from academic dishonesty of any type; and grades in this course therefore should be and will be adversely affected by academic dishonesty. Students who violate the code can be dismissed from the University. The normal penalty for a first offense is an F in the course. Standards of academic honor will be enforced in this course. Students are expected to report cases of academic dishonesty to the instructor.
2. Faculty members should take preventive measures to avoid cases of academic dishonesty (e.g., examinations should be carefully proctored).
SETTLEMENT OF A CHARGE OF ACADEMIC DISHONESTY
NOTICE TO STUDENT
1. You are not required to sign this form.
2. If you do not sign this form, you have a right to a hearing before a neutral student-faculty panel before any disciplinary penalty may be imposed for the offense charged.
3. You have three school days to seek advice and decide whether to sign. You may discuss your decision with any person you choose.
4. If you do not sign this form or ask for a hearing within three school days, a hearing will be scheduled. You will be notified of this hearing at least five school days before it is scheduled. Failure to appear at this hearing will be construed as admission of guilt.
5. If you sign, you are admitting guilt and accepting the penalty shown.
6. If you sign, this form is kept on record for five years or until you graduate and may be used in determining penalty if you are convicted of or admit to another honor code offense. This settlement form is not disclosed to prospective employers or to other schools to which you may apply.
I __________________________________charge with an Academic Honor Code violation which occurred in my course ____________________________(course no.________ ) during the ______________semester/session, 19 _____(Provide a brief description of the facts believed to constitute the violation; continue on back if necessary):
If student admits guilt by signing this form, I will apply the following penalty only: _______________
Signed: (Instructor) ________________________Date____________ Time ________________
I have read this entire settlement form carefully and understand its significance. I admit to committing the offense charged by the instructor, accept the penalty assigned, and understand that this agreement will be kept in the first offender's file for five years or until graduation.
Signed: (Student)______________________________ Date __________________________
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SEXUAL HARASSMENT PREVENTION PLAN
SEXUAL HARASSMENT - POLICY OF THE STATE OF NORTH CAROLINA
The policy of the State of North Carolina is that no state employee may engage in conduct that falls under the definition of sexual harassment indicated below. Personnel decisions shall not be made on the basis of granting or denial of sexual favors. All employees are guaranteed the right to work in an environment free from sexual harassment. Sexual harassment shall henceforth be deemed a form of sex discrimination prohibited by North Carolina General Statutes l26-16.
Sexual harassment is defined as deliberate, unsolicited, and unwelcome verbal and/or physical conduct of a sexual nature with sexual implications by a supervisor or co-worker which: 1) has or may direct employment consequences resulting form the acceptance or rejection of such conduct; 2) creates an intimidating, hostile or offensive working environment; or 3) interferes with an individual's work performance. Sexual harassment does not include personal compliments welcomed by the recipient, or social interaction or relationships freely entered into by state employees or prospective employees.
STATEMENT FROM THE CHANCELLOR
UNCP POLICY PROHIBITING SEXUAL HARASSMENT
The University of North Carolina at Pembroke is committed to providing a place where employees and students can work and study without concerns about sexual harassment. As Chancellor, I take this commitment seriously and affirm my support of the UNCP Policy Prohibiting Sexual Harassment. I ask for your continued support of our efforts to educate the university community about sexual harassment and to eliminate its presence on the UNCP campus.
THE UNIVERSITY OF NORTH CAROLINA AT PEMBROKE
POLICY PROHIBITING SEXUAL HARASSMENT
The University of North Carolina at Pembroke is committed to ensuring an environment for all students and employees which is fair, humane and respectful. The University supports and rewards student and employee performance on the basis of relevant considerations such as ability and effort. Any behaviors which indicate that sexuality is a relevant criterion for evaluating student or employee performance are detrimental to the work/study environment. Sexual harassment by any member of the University is a violation of both law and University policy, and it will not be tolerated in the University community. Sexual harassment is a particularly sensitive issue and as such will be dealt with promptly and confidentially by the University administration.
Definition (from the EEOC Interpretive Guidelines on Discrimination Because of Sex Under Title VII)
"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 a term or condition of an individual's employment or academic advancement, or
2.Submission to or rejection of such conduct by an individual is used as the basis for employment decisions 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."
Harassment of employees on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights Acts of 1964. Harassment of students is a violation of Section 902 of Title IX of the Education Act of 1972. Sexual harassment is also prohibited by North Carolina General Statutes 126-16.
Examples of behaviors which may constitute sexual harassment include (but are not limited to):
Verbal - sexual innuendo or suggestive comments; inappropriate jokes about sex or gender-specific traits; demeaning references to gender; unwelcome emphasis on an individual's sexual identity; offensive written communications, including sexual propositions, insults or threats; persistent, unwanted attempts to turn a professional relationship into a personal one;
Nonverbal - leering, suggestive or offensive gestures or sounds; showing of materials that are either sexual or sexist in nature; and
Physical - touching (for example, brushing, patting, pinching); sexual relations coerced through the use of threats or quid pro quo proposals (either explicit or implicit).
Statement of Policy
The University of North Carolina at Pembroke prohibits sexual harassment among any members of the university population. Sexual conduct is considered harassment if it is tied in any way to decisions about academic success or personal advancement; or if it suggests a "discriminatory hostility" towards any person based on gender.
The University of North Carolina at Pembroke's policy seeks to address sexual harassment which results from one person's insensitivity to another as well as harassment which is more obviously abusive. Therefore, the goals of the policy are to promote public awareness and education; to provide mechanisms to deal promptly and fairly with problems; and to protect the rights of both the complainant and the accused.
Sexual harassment, in both obvious and subtle ways, may profoundly affect the lives of individuals. A person who is subjected to unwanted sexual attention may submit to this behavior out of fear of retaliation or reprisal or may withdraw from a course or resign from a job as a result. Through its sexual harassment policy procedures, The University of North Carolina at Pembroke seeks to provide alternative means of problem resolution. In some cases a person may not be aware that his or her behavior is inappropriate or offensive, or a person's words or actions may be misinterpreted. In either case, these misunderstandings must be resolved so that they do not interfere with educational or administrative processes.
Sexual harassment often occurs in situations in which one person has power or authority over another (faculty-student, supervisor-staff, administrator-faculty). It can also occur among peers (student-student, staff-staff, faculty-faculty, etc.). Sexual harassment may involve members of the opposite sex or members of the same sex. Sexual relationships between faculty and students or supervisors and staff involve power differentials. Consequently, if a charge of sexual harassment is brought as a result of faculty-student or supervisor-staff relationships, the defense of mutual consent may be difficult to prove given this power differential.
It is also possible that unfounded allegations of sexual harassment may be made: such charges are slander or libel. The University does not condone either sexual harassment or unfounded charges of sexual harassment.
There are three types of procedures for dealing with problems of sexual harassment. They are counseling, mediation and formal grievance. These procedures are not sequential; that is, a complainant may enter or leave the process at any stage.
Sexual Grievance Advisors are available for the counseling and mediation steps. These Advisors are faculty and staff members who are known to be able to maintain confidentiality, who are familiar with laws and policies concerning sexual harassment, and experienced in counseling or advising. Their names, telephone numbers and office locations will be widely publicized each year.
Counseling. Advisors will be available to listen empathetically and provide emotional support to complainants. The Advisors will also help to determine if the behavior of the accused person is indeed sexual harassment.
Mediation. At the request of the complainant, an Advisor will discuss the problem with the accused.
The goal of mediation, through counseling and education, is to persuade the accused to discontinue the harassing behavior. An equally important goal is to prevent retaliation against the complainant (for example, in grades, salary, promotion).
A written record of the mediation effort will be kept in a strictly confidential file by the University Affirmative Action Officer. The accused person may also submit a statement to become a part of the record. If a pattern of behavior on the part of an individual is observed, then disciplinary action may be taken even if complaints against that individual have been resolved through mediation.
If the complaint cannot be satisfactorily resolved by mediation, then a formal grievance may be filed. Using the informal procedure of mediation does not in any way preclude the filing of a formal grievance.
Formal Grievance Procedures
A formal grievance may be filed as a first step by a complainant in seeking redress in a case of sexual harassment or after the mediation process has been attempted. Disciplinary action may range from a written reprimand to other actions such as suspension or even dismissal.
The procedures to be followed in filing a grievance will differ depending on the classification or level of the members of the university community involved in the grievance.
If the complainant is a student, procedures outlined in the Student Sexual Harassment Grievance Procedures policy shall apply.
If the grievance involves only faculty members, the Faculty Grievance Committee will have jurisdiction.
If the grievance involves only SPA employees, the SPA Employees Grievance Committee will have jurisdiction.
If the grievance involves only EPA non-faculty employees, the Chancellor will appoint a special hearing committee.
If the grievance involves members of different factions of the university community, the Chancellor will appoint a hearing committee consisting of six members to represent fairly the parties to the grievance. The Chancellor will appoint the chair of the committee.
A petition for redress of grievance should be submitted to the chair of the appropriate committee (Campus Hearing Board, Faculty Grievance Committee or SPA Employees Grievance Committee) when the parties to the grievance are from the same constituency; or to the Vice Chancellor (for Academic Affairs, Business Affairs or Student Affairs) appropriate to the status of the grievant when the status of the parties to the grievance differs. The Chancellor will be notified at this stage if a special committee needs to be formed.
The grievance petition should set forth the nature of the grievance and the individual against whom the grievance is directed; the grounds upon which the grievance is based; affirmation that attempts to resolve the grievance through mediation have failed when such attempts have been made; and any other information that the petitioner considers pertinent to the case.
Sanctions against persons guilty of sexual harassment may include, but are not limited to a written reprimand which becomes a part of the record, suspension, or dismissal. Recommendations for sanctions are made by the committee hearing the complaint. The final determination of disciplinary action rests with the Chancellor.
SEXUAL ASSAULT POLICY
The University of North Carolina at Pembroke is committed to providing a safe and secure environment for students. To this end, the University recognizes the importance of its role in assisting a student who is a victim of sexual assault in regaining a sense of personal control over her life and the decisions she makes.
Procedures for Victims Alleging Sexual Assault
A student who is a victim of sexual assault should immediately report those offenses to the proper authorities (Campus Police or local law enforcement agency). The well being of a student who has been sexually assaulted is a vital priority. The sooner a sexual assault is reported, the sooner the victim can be treated, tested for pregnancy and sexually transmitted diseases. A victim of sexual assault is reminded to go to a safe place. It is very important to preserve all physical evidence; therefore, the victim should not bathe, shower, douche or change clothes. This evidence is extremely important if your case goes to court. Calling a friend, family member and/or rape crisis companion to be with you for emotional support is encouraged. The University (Student Health Service or Campus Police) will provide transportation to the hospital emergency room. A victim of sexual assault should certainly seek the service of the University Counseling Center or a local rape crisis center. They have trained professionals who can help you and your family members deal with the aftermath of the assault.
Services to Victims
A survivor/victim of a sexual assault will be provided with support throughout the process of her deliberating whether or not to formally report the crime, have a medical examination, change her room assignment or class schedule, seek professional counseling, change availability of directory information, etc. This support will be provided by certain University agencies/disciplines that have been identified as available for assistance to a victim of sexual assault. Further, these University agencies will be available to inform the victims of other resources and service providers in the local community.
Rights of Alleged Assailants
Any student enrolled at UNCP who is accused of sexual assault will be afforded full procedural due process in the investigation and adjudication of his case. This shall include the right to the presumption of innocence until proven guilty and the privilege against self-incrimination.
UNCP Student Code of Conduct
A UNCP student who has been victimized by sexual assault may seek redress through the campus judicial system if the accused is also an enrolled student at the University. Such redress may be in conjunction with or in place of pressing charges in the court system. In order to cite a student internally for sexual assault, the victim should report the offense to the Vice Chancellor for Student Affairs or his or her designee. Once the report is made, an investigation will be initiated by the Vice Chancellor for Student Affairs. The Campus Hearing Board will be convened in cases where the accused denies the charges. The victim will be required to appear before the Campus Hearing Board and to testify against the alleged assailant. Both students may have a friend/advisor from the campus community present with them throughout the hearing process and may present witnesses on their behalf.
Immediate suspension of the accused student will occur if the Vice Chancellor for Student Affairs concludes that the person's continued presence at the University would constitute a clear and present danger to the health or welfare of other members of the University community. When such a suspension is imposed, a hearing of the charges against the suspended person shall be held as expeditiously as possible.
The penalty for a student found guilty of sexual assault will at minimum be conditional probation, with the maximum penalty being suspension or expulsion from the institution. In severe cases involving forced rape and/or physical injury involving a weapon, the penalty will be expulsion. The severity of the offense and the potential for subsequent harm to the victim/survivor or the community at large weigh heavily in sanctioning actions taken in such cases. The victim's/survivor's identity and all information concerning the offense are held in strict confidence by hearing authorities under the guidelines of FERPA. The accuser and the accused shall be informed of the outcome of any campus judicial proceedings relative to sexual assault cases.
Room and Class Change Options
A survivor/victim of a sexual assault may request an immediate room change from the Director of Housing if she feels threatened or compromised at her current residence. A room change will be approved if alternative space exists. The student may also request a lock change and new telephone number if the assailant had knowledge or previous access to those items. The victim may also sign a request form in the Registrar's Office to remove her directory information from public access.
A survivor/victim of a sexual assault may also request the Provost and Vice Chancellor for Academic Affairs to change her class schedules. Such requests will be honored when multiple sections of classes are available. Every effort should be made by the University to make the victim feel cared for and safe.
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Last updated: July 30, 1999
THE UNIVERSITY OF NORTH CAROLINA AT PEMBROKE
Smoking is prohibited in all campus buildings. While dormitories are exempt from this policy, smoke-free floors or sections are available for students who prefer such accommodations.
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Last updated: August 14, 1998
THE UNIVERSITY OF NORTH CAROLINA AT PEMBROKE
FACULTY AND ADMINISTRATION
SUMMARY OF SERVICES AND RESPONSIBILITIES
|Absences and Attendance (Students)||Office for Student Affairs;
|Academic Advising||Office of Assistant Vice Chancellor for Academic Affairs;
Chair of Appropriate Department;
Director of Retention Activities
|Academic Programs||Office for Academic Affairs;
Chair of Appropriate Department
New students and transfers
Readmission of students in good standing
Readmission of students not in
good standing (for academic reasons)
Readmission of students not in good
standing (for non-academic reasons)
|Office of Admissions|
|Advisement and Retention||Office of Retention Activities|
|Affirmative Action||Human Resources Director|
|Alumni||Office of Alumni Relations|
Director of Athletics
Director of Intramurals
|Books, purchase of||Campus Bookstore|
|Budgets||Office for Business Affairs|
|Calendar of Events||Office for Student Affairs;
Office for Academic Affairs;
Performing Arts Center
|Career Counseling||Career Services Center|
|Catalog, preparation of||Office of University Relations|
|Catalogs of other colleges and universities||Counseling & Testing Center;
Career Services Center;
Office of the Registrar
|Central Stores||Business Services|
|Certification (teacher)||Office of Teacher Education|
|Chancellor's List||Office for Academic Affairs|
|Chancellor's Scholars Program||Office for Academic Affairs|
Office for Academic Affairs;
Office for Student Affairs
Office for Academic Affairs
Appropriate Department Chair
Office of the Registrar
|Classroom Assignment and Changes||Office for Academic Affairs|
|College Opportunity Program||Office of Director of COP|
|Commencement Activities||Office for Student Affairs|
|Computer Center(Academic and Administrative)||Director of University Computing and Information Services|
|Correspondence Credits||Office of the Registrar|
|Counseling and Advising
|Under supervision of Vice Chancellor
for Student Affairs
Career Services Center
Counseling and Testing Center
|Cultural Programs||Performing Arts Center Office|
|Degree Programs||Chair of Appropriate Department|
|Disciplinary Problems (Students)||Office for Student Affairs|
|Dormitories and Student Housing||Office for Student Affairs|
Campus part-time jobs
Off-campus, part-time jobs
Office of Financial Aid
Career Services Center
Career Services Center
|Enrollment Statistics||Office of Director of Institutional Research|
|Evening Courses and Schedules||Office of Director of Continuing
Education and Summer Session
|Examination Schedules||Office for Academic Affairs|
|Faculty Handbook||Office for Academic Affairs|
|Faculty Travel||Chair of Appropriate Department;
Office for Academic Affairs
|Fees - Accounts||Student Accounts Office|
|Field Trips and Excursions,
|Office for Student Affairs|
|Financial Aid to Students||Office of Financial Aid|
|Food Service||Manager of Sodexho-Marriott Food Service;
Office for Business Affairs
|Fraternities||Office for Student Affairs|
|Fundraising||Office of Development|
|Gifts||Office of Development|
|Government: Student||Office of Director Student Activities;
President, Student Government
|Grades and Academic Records||Office of the Registrar|
|Graduation Requirements||Office of the Registrar|
|Graduate Studies||Office of Dean of Graduate Studies|
|Office of Sponsored Research & Programs
|Grants and Fellowships for
Graduate & Professional
|Office for Academic Affairs;
Department Chairs; Advisors;
Office of Career Services Center
|Health Professions Advisors||Biology, Health, PE & Rec., Nursing,
and Physical Science Depts.;
|Health Services and First Aid||University Infirmary;
Office for Students Affairs
|Homecoming||Office of Student Affairs;
Office of Alumni Relations
|Honors List||Office for Academic Affairs|
|Honor System||Office for Student Affairs|
|Honors Program/ Chancellor's Scholars Program||Office for Academic Affairs|
|Housing, Student||Office for Student Affairs|
|Insurance - Health, Life||Human Resources Office; University Infirmary|
|Jones Health & PE Center, scheduling of||Facility Manager of Jones Health & PE Center|
|Judicial Procedures, student||Office for Student Affairs|
|Library Services||Director of Library Services|
|Lost and Found||Office for Student Affairs|
|University Post Office|
|Maintenance and Janitorial||Director of Physical Plant|
|Majors, changing of||Academic Advisor;
Chair of Academic Depts
|Media Center Services||Director of Media Center|
|Musical Organizations and Programs||Department of Music|
|Native American Resource Center||Director/Curator of Native American Resource Center|
|News Releases||Office of University Relations|
|Nursing Program||Director of Nursing Program|
|Organizational Leadership and Management Program||Director of Organizational Leadership
|Pembroke Magazine||Pembroke Magazine Editor;
Department of English, Theatre & Languages
|Performing Arts Center,
|Director of PAC;
Office for Student Affairs
|Physician for Students||University Infirmary Physician|
|Placement||Office of Director of Career Services Center|
|Printing and/or Duplicating||Printing Department Manager|
|Office of University Relations|
|Public Relations||Office of University Relations|
|Purchasing||Office of Business Services|
|Records (student)||Office for Student Affairs;
Office of the Registrar;
Student Health Services
|Registration||Office of the Registrar|
|Religious Life Activities||Office for Student Affairs;
Campus Ministry Office
|Residence Status||Office of Admissions|
|Resignation of Faculty||Office for Academic Affairs|
|Resignation of Staff||Human Resources Office|
|Retirement Benefits, Faculty and Staff||Human Resources Office|
Air Force ROTC Program
Army ROTC Program
Director of AFROTC
Director of AROTC
|Security||University Police Office
Director of Safety
|Social Activities, scheduling
of and arranging for facilities
|Office of Director of Student Activities|
|Sororities||Office of Director of Chavis University Center|
Reservations (on-campus groups)
Reservations (off-campus groups)
Office for Academic Affairs
Office for Student Affairs
|Sports Information||Office of Sports Information|
|Student Activities||Office of Director of Student Activities|
|Student Handbook||Office for Student Affairs|
Newspaper and Yearbook
|Under supervision of Vice Chancellor
for Student Affairs
Office for Student Affairs
|Office for Student Affairs
Office of the Registrar
|Summer School Programs and Bulletin||Office of Continuing Education,
Extension and Summer Session
Student Supply Store
|Teacher Certification/Licensure||Office of Teacher Education|
|Teaching Fellows||Office of Director of Teaching Fellows|
|Technical Institute Liaison||Office for Academic Affairs|
|Telephone Service||Office of University Computing Services|
|Tests (ACT, SAT, MAT)||Counseling and Testing Center|
|Transcripts||Office of the Registrar|
|Transfer Credit||Office of the Registrar|
|Tutoring||Special Services Office;
College Opportunity Program Office
|Typing Services||Respective Department Secretary|
|UNCP Endowment Fund||Vice Chancellor for Business Affairs|
|UNCP Foundation, Inc.||Vice Chancellor for Development and University Relations|
|Upward Bound||Special Services Office|
|Vandalism||Office for Student Affairs;
Office for Business Affairs;
Campus Security Office
|Vehicles||Physical Plan Director, Motor Pool|
|Veterans' Benefits, Information||Office of Financial Aid|
|Visual Aids, ordering of films and
scheduling use of projection room
|Director of Media Center|
|Withdrawal from the University||Office of the Registrar|
|WNCP-TV||Mass Communications Department|
|Workers' Compensation||Human Resources Office|
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Last updated: July 30, 1999
EXCERPT FROM THE CODE OF THE UNIVERSITY OF NORTH CAROLINA CONCERNING ACADEMIC FREEDOM AND TENURE (See also Sections 3-1 through 3-7)
ACADEMIC FREEDOM AND TENURE
SECTION 600. FREEDOM AND RESPONSIBILITY IN THE UNIVERSITY COMMUNITY.
(1) The University of North Carolina is dedicated to the transmission and advancement of knowledge and understanding. Academic freedom is essential to the achievement of these purposes. The University therefore supports and encourages freedom of inquiry for faculty members and students, to the end that they may responsibly pursue these goals through teaching, learning, research, discussion and publication, free from internal or external restraints that would unreasonably restrict their academic endeavors.
(2) The University and each constituent institution shall protect faculty and students in their responsible exercise of the freedom to teach, to learn and otherwise to seek and speak the truth.
(3) Faculty and students of The University of North Carolina shall share in the responsibility for maintaining an environment in which academic freedom flourishes and in which the rights of each member of the academic community are respected.
SECTION 601. ACADEMIC FREEDOM AND RESPONSIBILITY OF FACULTY.
(1) It is the policy of The University of North Carolina to support and encourage full freedom, within the law, of inquiry, discourse, teaching, research and publication for all members of the academic staffs of the constituent institutions. Members of the faculty are expected to recognize that accuracy, forthrightness and dignity befit their association with the University and their position as men and women of learning They should not represent themselves, without authorization, as spokesmen for The University of North Carolina or any of its constituent Institutions.
(2) The University and its constituent institutions shall not penalize or discipline members of their faculties because of the exercise of academic freedom in the lawful pursuit of their respective areas of scholarly and professional interest and responsibility.
SECTION 602. ACADEMIC TENURE.
(1) To promote and protect the academic freedom of its faculty, the Board of Trustees of each constituent institution shall adopt policies and regulations governing academic tenure.
(2) In all instances, the tenure conferred on a faculty member is held with reference to employment by a constituent institution, rather than to employment by The University of North Carolina.
(3) The tenure policies and regulations of each constituent institution [ Because of the unique character and mission of the North Carolina School of the Arts, the requirement that the institution adopt tenure policies will be satisfied at that institution by an employment system based on renewable contracts, which system need not provide for the traditional faculty ranks. Wherever the phrase "tenure policies and regulations" is used in this Chapter, it shall mean, for the School of the Arts, the faculty employment policies of that School. Wherever the phrase "tenured faculty" is used in this Chapter, it shall mean, for that School, a faculty member holding a fixed-term contract.] shall prescribe the procedures by which decisions concerning appointment, reappointment, promotion and the conferral of permanent tenure shall be made. The length of terms of appointment that do not carry permanent tenure and those faculty ranks or titles whose holders shall be eligible for permanent tenure shall be prescribed. The institutional policies and regulations also shall prescribe the intervals at which the review of candidates for reappointment and promotion, including the conferral of permanent tenure, shall occur.
The tenure policies and regulations of each institution, which shall include the complete text of Chapter Six of the Code, shall be published by the institution and distributed to its faculty members.
(4) The tenure policies and regulations of each institution shall set forth the general considerations upon which appointment, reappointment, promotion and permanent tenure are to be recommended. The institutional regulations shall provide that these considerations shall include an assessment of at least the following: the faculty member's demonstrated professional competence, his potential for future contribution and institutional needs and resources.
(5) The institutional policies and regulations shall specify that permanent tenure may be conferred only by action of the President and the Board of Governors, or by such other agencies or officers as may be delegated such authority by the Board of Governors.
(6) Institutional tenure policies and regulations shall distinguish among the following:
(a) the nonreappointment (or nonrenewal) of a faculty member at the expiration of a specified term of service;
(b) the discharge or suspension of a faculty member with permanent tenure or of a faculty member appointed to a specified term of service before that term expires for reasons based on incompetence, neglect of duty or misconduct of such a nature as to indicate that the individual is unfit to continue as a member of the faculty;
(c) the termination of employment for reasons of institutional financial exigency or major curtailment or elimination of a teaching, research or public-service program of a faculty member who has permanent tenure, or of a faculty member who has been appointed to a specified term of service before the term expires; and
(d) retirement for age or physical or mental disability.
(7) Institutional tenure policies and regulations shall provide that the appointment, reappointment or promotion of a faculty member to a position funded in whole or in substantial part from sources other than continuing state budget funds or permanent trust funds shall specify in writing that the continuance of the faculty member's services, whether for a specified term or for permanent tenure, shall be contingent upon the continuing availability of such funds. The institutional tenure policies and regulations may make one or more of the following exceptions to the foregoing contingency requirement:
(a) That such a contingency shall not be included in a promotion to a higher rank if, before the effective date of that promotion, the faculty member had permanent tenure and no such condition is attached to the tenure.
(b) That such a contingency shall not be attached to the contract of a faculty member if he held permanent tenure in that institution on July 1, 1975, and his contract was not contingent upon the continuing availability of sources other than continuing state budget or permanent trust funds.
(c) That such a contingency may be waived for health affairs faculties because of the unusual dependence of programs in the health professions on income from sources such a clinical receipts.
If a faculty member's appointment is terminated because of the nonavailability of these funds, the institution will make every reasonable effort to give the same notice as set forth in Section 605 B (1). This notice shall include the pertinent data upon which the termination is based.
(8) The tenure policies and regulations of each institution shall be subject to approval by the President and the Board of Governors. The President periodically shall review and re-evaluate these policies and regulations and report his findings and recommendations, if any, to the Committee on Personnel and Tenure and through the Committee to the Board of Governors.
SECTION 603. DUE PROCESS BEFORE DISCHARGE OR THE IMPOSITION OF SERIOUS SANCTIONS.
(1) A faculty member, who is the beneficiary of institutional guarantees of tenure, shall enjoy protection against unjust and arbitrary application of disciplinary penalties. During the period of such guarantees the faculty member may be discharged or suspended from employment ordiminished in rank only for reasons of incompetence, neglect of duty or misconduct of such a nature as to indicate that the individual is unfit to continue as a member of the faculty. [ Retirement for reason of disability shall be in accordance with North Carolina statutes and regulations governing retirement for faculty who are members of the state retirement system. A faculty member who is not a member of the state retirement system and who is mentally or physically disabled, but refuses to retire, may be discharged because of that disability only in accordance with the procedures of this section.] These penalties may be imposed only in accordance with the procedures prescribed in this section. For purposes of these regulations, a faculty member serving a stated term shall be regarded as having tenure until the end of that term. These procedures shall not apply to nonreappointment (Section 604) or termination of employment (Section 605).
(2) The chief academic officer of the institution, however titled, shall send the faculty member by registered mail, return receipt requested, a written statement of intention to discharge him. The statement shall include notice of the faculty member's right, upon request, to both written specification of the reasons for the intended discharge and a hearing by an elected standing faculty committee on hearings.
(3) If, within ten days [Wherever it is used in this Chapter, except when calendar day is specified, the word "day" shall mean any day except Saturday, Sunday or an institutional holiday. In computing any period of time, the day in which notice is received is not counted but the last day of the period being computed is to be counted.] after he receives the notice referred to in paragraph (2) above, the faculty member makes no written request for either a specification of reasons or a hearing, he may be discharged without recourse to any institutional grievance or appellate procedure.
(4) If, within ten days after he receives the notice referred to in paragraph (2) above, the faculty member makes written request, by registered mail, return receipt requested, for a specification of reasons, the chief academic officer shall supply such specification in writing by registered mail, return receipt requested, within ten days after receiving the request. If the faculty member makes no written request for a hearing within ten days after he receives the specification, the faculty member may be discharged without recourse to any institutional grievance or appellate procedure.
(5) If the faculty member makes a timely written request for a hearing, the chief academic officer shall insure that the hearing is accorded before an elected standing committee of the institution's faculty. The hearing shall be on the written specification of reasons for the intended discharge. The hearing committee shall accord the faculty member twenty days from the time it receives his written request for a hearing to prepare his defense. The hearing committee may, upon the faculty member's written request and for good cause, extend this time by written notice to the faculty member.
(6) The hearing shall be closed to the public unless the faculty member and the hearing committee agree that it may be open. The faculty member shall have the right to counsel, to presentthe testimony of witnesses and other evidence, to confront and cross-examine adverse witnesses and to examine all documents and other adverse demonstrative evidence. A written transcript of all proceedings shall be kept; upon request, a copy thereof shall be furnished to the faculty member at the institution's expense.
(7) The chief acadmic officer, or counsel, may participate in the hearing to present evidence, cross-examine witnesses and make argument.
(8) In reaching decisions on which its written recommendations to the Chancellor shall be based, the committee shall consider only the evidence presented at the hearing and such written or oral arguments as the committee, in its discretion, may allow. The committee shall make its written recommendations to the Chancellor within ten days after its hearing concludes.
(9) If the Chancellor concurs in a recommendation of the committee that is favorable to the faculty member, his decision shall be final. If the Chancellor either declines to accept a committee recommendation that is favorable to the faculty member or concurs in a committee recommendation that is unfavorable to the faculty member, the faculty member may appeal the Chancellor's decision to the Board of Trustees. This appeal shall be transmitted through the Chancellor and be addressed to the Chair of the Board. Notice of appeal shall be filed within ten days after the faculty member receives the Chancellor's decision. The appeal to the Board of Trustees shall be decided by the full Board of Trustees. However, the Board may delegate the duty of conducting a hearing to a standing or ad hoc committee of at least three members. The Board of Trustees, or its committee, shall consider the appeal on the written transcript of hearings held by the faculty hearing committee, but it may, in its discretion, hear such other evidence as it deems necessary. The Board of Trustees' decision shall be made within forty-five days after the Chancellor has received the faculty member's request for an appeal to the trustees. This decision shall be final except that the faculty member may, within ten days after receiving the trustees' decision, file a written petition for review with the Board of Governors if he alleges that one or more specified provisions of the Code of The University of North Carolina have been violated. Any such petition to the Board of Governors shall be transmitted through the President, and the Board shall, within forty-five days, grant or deny the petition or take such other action as it deems advisable. If it grants the petition for review, the Board's decision shall be made within forty-five days after it has notified the faculty member that it will review the petition.
(10) When a faculty member has been notified of the institution's intention to discharge him, the Chancellor may suspend him at any time and continue the suspension until a final decision concerning discharge has been reached by the procedures prescribed herein. Suspension shall be exceptional and shall be with full pay.
SECTION 604. APPOINTMENT, NONREAPPOINTMENT AND REQUIREMENTS OF NOTICE AND REVIEW
604 A. Notice of Reappointment or Nonreappointment.
(1) The decision not to reappoint a faculty member at the expiration of a fixed term or service shall be made by the appropriate institutional faculty and administrative officers early enough to permit timely notice to be given. For full-time faculty at the rank of instructor, assistant professor, associate professor or professor, the minimum requirement for timely notice shall be as follows:
(a) during the first year of service at the institution, the faculty member shall be given not less than 90 calendar days' notice before his employment contract expires;
(b) during the second year of continuous service at the institution, the faculty member shall be given not less than 180 calendar days' notice before his employment contract expires; and
(c) after two or more years of continuous service at the institution, the faculty member shall be given not less than twelve months' notice before his employment contract expires.
(2) Notice of reappointment or nonreappointment shall be written. If the decision is not to reappoint, then failure to give timely notice of nonreappointment will oblige the Chancellor thereafter to offer a terminal appointment of one academic year.
604 B. Impermissible Reasons for Nonreappointment.
In no event shall a decision not to reappoint a faculty member be based upon (a) the exercise by the faculty member of rights guaranteed by the First Amendment to the United States Constitution, or by Article I of the North Carolina Constitution, or (b) discrimination based upon the faculty member's race, sex, religion or national origin or (c) personal malice.
604 C. Special Faculty Appointments.
All appointments of visiting faculty, [Visiting faculty shall include any person who is appointed to a term of less than one academic year.] adjunct faculty or other special categories of faculty such as lecturers, artists-in-residence or writers-in-residence shall be for only a specified term of service. That term shall be set forth in writing when the appointment is made, and the specification of the length of the appointment shall be deemed to constitute full and timely notice of nonreappointment when that term expires. The provisions of Sections 604 A and 602 (4) shall not apply in these instances.
SECTION 605. TERMINATION OF FACULTY EMPLOYMENT.
605 A. Definition.
The tenure policies and regulations of each institution shall provide that the employment of faculty members with permanent tenure or of faculty members appointed to a fixed term may be terminated by the institution because of (1) demonstrable, bona fide institutional financial exigency or (2) major curtailment or elimination of a teaching, research or public-service program. "Financial exigency" is defined as a significant decline in the financial resources of the institution that is brought about by decline in institutional enrollment or by other action or events that compel a reduction in the institution's current operations budget. The determination of whether a condition of financial exigency exists or whether there shall be a major curtailment or elimination of a teaching, research or public-service program shall be made by the Chancellor, after consulting with the academic administrative officers and faculties as required by Section 605 C (1), subject to the concurrence by the President and then approval by the Board of Governors. If the financial exigency or curtailment or elimination of a program is such that the institution's contractual obligation to a faculty member can not be met, the employment of the faculty member may be terminated in accordance with institutional procedures that afford the faculty member a fair hearing on that decision.
605 B. Timely Notice of Termination.
(1) When a faculty member's employment is to be terminated because of major curtailment or elimination of a teaching, research or public-service program and such curtailment or elimination of program is not founded upon financial exigency, the faculty member shall be given timely notice as follows:
(a) one who has permanent tenure shall be given not less than twelve months' notice; and
(b) one who was appointed to a fixed term and does not have permanent tenure shall be given notice in accordance with the requirements specified in Section 604 A(1).
(2) When a faculty member's employment is to be terminated because of financial exigency, the institution will make every reasonable effort, consistent with the need to maintain sound educational programs and within the limits of available resources, to give the same notice as set forth in Section 605 B(1).
(3) For a period of two years after the effective date of termination of a faculty member's contract for any of the reasons specified in Section 605 A, the institution shall not replace the faculty member without first offering the position to the person whose employment was terminated. The offer shall be made by registered mail, return receipt requested, and the faculty member will be given thirty calendar days after he receives the notice to accept or reject the offer.
605 C. Institutional Procedures.
The institution shall establish regulations governing termination procedures. These regulations shall include provisions incorporating the following requirements:
(1) If it appears that the institution will experience an institutional financial exigency or needs seriously to consider a major curtailment or elimination of a teaching, research or public-service program, the Chancellor or his delegate shall first seek the advice and recommendations of the academic administrative officers and faculties of the departments or other units that might be affected.
(2) In determining which faculty member's employment is to be terminated for reasons set forth in Section 605 A, the Chancellor shall give consideration to tenure status, to years of service to the institution and to other factors deemed relevant, but the primary consideration shall be the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the institution.
(3) An individual faculty member whose employment is to be terminated shall be notified of this fact in writing. This notice shall include a statement of the conditions requiring termination of employment, a general description of the procedures followed in making the decision and a disclosure of pertinent financial or other data upon which the decision was based.
(4) A reconsideration procedure shall be provided that affords the faculty member whose employment is to be terminated a fair hearing on the termination if he alleges that the decision to terminate was arbitrary or capricious.
(5) The institution, when requested by the faculty member, shall give reasonable assistance in finding other employment for a faculty member whose employment has been terminated.
(6) The faculty member may appeal the reconsideration decision in the manner provided by Section 501 C(4).
SECTION 606. RETIREMENT OF FACULTY
(1) Each member of the faculty who does not have permanent tenure may retire in accordance with the provisions of Chapter 135 of the North Carolina General Statutes ("Retirement System of Teachers and State Employees").
SECTION 607. FACULTY GRIEVANCE COMMITTEE FOR CONSTITUENT
(1) The Chancellor of each constituent institution shall provide for the establishment of a faculty grievance committee. The faculty grievance committee shall be elected by the faculty with members elected from each professional rank. No officer of administration shall serve on the committee. For purposes of this section, "officer of administration" shall be deemed to include department chairmen and department heads.
(2) The committee shall be authorized to hear, mediate and advise with respect to the adjustment of grievances of members of the faculty. The power of the committee shall be solely to hear representations by the persons directly involved in a grievance, to mediate voluntary adjustment by the parties and to advise adjustment by the administration when appropriate. Advice for adjustment in favor of an aggrieved faculty member may be given to the Chancellor only after the dean, department head or other administrative official most directly empowered to adjust it has been given similar advice and has not acted upon it within a reasonable time.
(3) "Grievances" within the province of the committee's power shall include matters directly related to a faculty member's employment status and institutional relationships within the constituent institution. However, no grievance that grows out of or involves matters related to a formal proceeding for the suspension, discharge or termination of a faculty member, or that is within the jurisdiction of another standing faculty committee, may be considered by the committee.
(4) If any faculty member feels that he has a grievance, he may petition the faculty grievance committee for redress. The petition shall be written and shall set forth in detail the nature of the grievance and against whom the grievance is directed. It shall contain any information that the petitioner considers pertinent to his case. The committee shall decide whether the facts merit a detailed investigation so that submission of a petition shall not result automatically in an investigation or detailed consideration of the petition.
(5) If, before this section is established, the faculty of an institution has adopted a faculty grievance procedure that in its judgment is adequate to its needs, it may retain that procedure in place of the one specified above. [ This section became effective July 1, 1975.]
SECTION 608. STUDENTS' RIGHTS AND RESPONSIBILITIES.
(1) The University of North Carolina affirms that the first goal of each constituent institution is to educate the students admitted to its programs. The freedom of students to learn is an integral and necessary part of the academic freedom to which the University and its constituent institutions are dedicated. Each constituent institution shall provide, within allotted functions and available resources, opportunity for its students to derive educational benefits through developing their intellectual capabilities, encouraging their increased wisdom and understanding and enhancing their knowledge and experience applicable to the effective discharge of civic, professional and social responsibilities. No constituent institution shall abridge either the freedom of students engaged in the responsible pursuit of knowledge or their right to fair and impartial evaluation of their academic performance.
(2) All students shall be responsible for conducting themselves in a manner that helps to enhance an environment of learning in which the rights, dignity, worth and freedom of each member of the academic community are respected.
(3) In applying regulations in the area of student discipline, each constituent institution shall adhere to the requirements of due process as set forth in Section 501 D(3) of this Code.
SECTION 609. APPELLATE JURISDICTION OF THE BOARD OF GOVERNORS.
609 A. Discretionary Review.
Nothing contained in Chapter Six, or any other chapter of the Code, shall be construed to limit the right of the Board of Governors to make such inquiry and review into personnel actions as it may from time to time deem appropriate.
609 B. Hearings.
The Board of Governors may in its sole discretion conduct hearings. Any hearing, whether before the full Board or a designated standing or special committee of the Board, shall be limited to such matters as the Board of Governors shall deem appropriate.
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Last updated: July 30, 1999
POLICY OF THE BOARD OF GOVERNORS
OF THE UNIVERSITY OF NORTH CAROLINA
IMPROPER RELATIONSHIPS BETWEEN STUDENTS AND EMPLOYEES
The University of North Carolina does not condone amorous relationships between students and employees. Members of the University community should avoid such liaisons, which can harm affected students and damage the integrity of the academic enterprise. Further, sexual relationships between unmarried persons can result in criminal liability. In two types of situations, University prohibition and punishment of amorous relationships is deemed necessary: (1) When the employee is responsible for evaluating or supervising the affected student. (2) When the student is a minor, as defined by North Carolina law. The following policies shall apply to all employees and students of the sixteen constituent institutions.
A. Prohibited Conduct
1. It is misconduct, subject to disciplinary action, for a University employee, incident to any instructional, research, administrative or other University employment responsibility or authority, to evaluate or supervise any enrolled student of the institution with whom he or she has an amorous relationship or to whom he or she is related by blood, law or marriage.
2. It is misconduct, subject to disciplinary action, for a University employee to engage in sexual activity with any enrolled student of the institution, other than his or her spouse, who is a minor below the age of 18 years.
B. Definition of Terms
1. "Amorous relationship." An amorous relationship exists when, without the benefit of marriage, two persons as consenting partners (a) have a sexual union or (b) engage in a romantic partnering or courtship that may or may not have been consummated sexually.
2. "Related by blood, law or marriage" means:
a. Parent and child
b. Brother and sister
c. Grandparent and grandchild
d. Aunt and/or uncle and niece and/or nephew
e. First cousins
f. Step-parent and step-child
g. Husband and wife
h. Parents-in-law and children-in-law
i. Brothers-in-law and sisters-in-law
j. Guardian and ward
3. "Evaluate and supervise" means
a. To assess, determine or influence (1) one's academic performance, progress or potential or (2) one's entitlement to or eligibility for any institutionally conferred right, benefit or opportunity or
b. To oversee, manage or direct one's academic or other institutionally prescribed activities.
C. Corrective Action
Violations of the provisions of Section A shall be addressed in accordance with remedial measures prescribed by each constituent institution; if disciplinary action is brought against an affected employee, it shall be conducted in accordance with existing institutional policies and procedures prescribed for prosecuting misconduct charges against members of the class of employment of which the affected employee is a member.
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Last updated: August 14, 1998
PATENT AND COPYRIGHT POLICIES
The University of North Carolina is dedicated to instruction, research, and extending knowledge to the public (public service). It is the policy of The University to carry out its scholarly work in an open and free atmosphere and to publish results obtained therefrom freely. Research done primarily in anticipation of profit is incompatible with the aims of The University. The University recognizes, however, that patentable inventions sometimes arise in the course of research conducted by its employees and students using University facilities. The Board of Governors of The University of North Carolina has determined that patenting and licensing of inventions resulting from the work of University personnel, including students, is consistent with the purposes and mission of The University.
The aim of the patent policies of The University is to promote the progress of science and the useful arts by utilizing the benefits of the patent system consistent with the purposes for which it was established by Article I, Section 8, of the Constitution of the United States:
The Congress shall have power...To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Patents provide a means to encourage the development and utilization of discoveries and inventions. These policies have been established to ensure that those inventions in which The University has an interest will be utilized in a manner consistent with the public good through patents, licenses, or otherwise. The University is also aware of the value of patents in directing attention to individual accomplishment in science and engineering. Where possible, The University should make inventions resulting from its research available to industry and the public on a reasonable and effective basis and at the same time provide adequate recognition to inventors. Patents and their exploitation, however, represent only a small part of the benefits accruing to the public from the research program of The University.
A portion of the research conducted by The University is supported by government and a portion by private industry. Service to the public, including private industry, is an integral part of The University's mission. In agreements with private industry or other private organizations, the constituent institutions of The University must keep the interests of the general public in view. The rights and privileges set forth in cooperative agreements or contracts, with respect to patents developed as a result of research partly or wholly financed by private parties, must be fair and just to the inventor(s), the sponsor and the public. Research should be undertaken by The University under support from private parties only if it is consistent with and complementary to The University's goals and responsibilities to the public.
The principal objectives of The University of North Carolina Patent and Copyright Policies set forth herein are:
1)to provide appropriate incentive to creative intellectual effort by faculty, staff, students, and others associated with the constituent institutions of The University;
2)to establish principles for determining the interests of the constituent institutions, inventors, and sponsors in regards to inventions and/or discoveries;
3)to enable the constituent institutions to develop procedures by which the significance of inventions and/or discoveries may be determined and brought to the point of commercial utilization;
4)to provide the means for placing in the public realm the results of research, while safeguarding the interests of The University, inventor, and sponsor; and
5)to recognize the right of the inventor to financial benefits from the invention or discovery.
The University of North Carolina Patent and Copyright Policies apply to all University employees at each constituent institution, both full and part time, including faculty, other professionals exempt from the Personnel Act, staff subject to the Personnel Act, and students of each constituent institution. Upon prior written agreement between persons and the constituent institutions, these Policies may be applied to persons not associated with The University who make their inventions available to the institutions under circumstances where the further development and refinement of the inventions are compatible with the research programs of the constituent institutions.
IV. Patent Ownership
Condition of Employment and Enrollment
The Patent and Copyright Policies of The University of North Carolina, as amended from time to time, shall be deemed to be part of the conditions of employment of every employee of each constituent institution, including student employees, and of the conditions of enrollment and attendance by every student at each constituent institution.
With the exception of "Inventions made on Own Time," hereinafter defined, every invention or discovery or part thereof that results from research or other activities carried out at a constituent institution, or that is developed with the aid of the institution's facilities, staff, or through funds administered by the constituent institution, shall be the property of the constituent institution and, as a condition of employment or enrollment and attendance, shall be assigned by the University inventorto the constituent institution in a manner determined by the constituent institution in accordance with these Policies.
Patents on inventions made by University employees or students, may be applied for in any country by the constituent institution or through an authorized agent(s) or assignee(s). The constituent institution shall exercise its rights of ownership of such patent(s), with or without financial gain, with due regard for the public interest, as well as the interests of inventors and sponsors concerned.
Inventions Made on Own Time
Inventions or discoveries made by University personnel or students entirely on their personal time and not involving the use of University facilities or materials are the property of the inventor except in case of conflict with any applicable agreement between the institution and the federal or state government or agency thereof. For purposes of this provision, an individual's "personal time" shall mean time other than that devoted to normal or assigned functions in teaching, extension, University service, or direction or conduct of research on University premises or utilizing University facilities. The term "University facilities" shall mean any facility, including equipment and material, available to the inventor as a direct result of the inventor's affiliation with the University, and which would not be available to a non-University individual on the same basis.
Personnel or students who claim that inventions are made on personal time have the responsibility to demonstrate that inventions so claimed are invented on personal time. All such inventions shall be disclosed in accordance with the institutions's disclosure procedures applicable to inventions made on University time or with the use of University facilities, materials or equipment, and shall demonstrate the basis of the inventor's claim that only personal time was utilized. In each instance so demonstrated to conform to the definition of personal time, the institution shall acknowledge in writing that the invention is the sole property of the inventor in accordance with the "waiver" provision, below.
If the inventor so desires, inventions or discoveries made on personal time and utilizing the inventor's own facilities and materials may be assigned to the institution. Under this arrangement, the procedures will be the same as for inventions or discoveries made by university personnel on University time and/or with the use of University facilities and materials.
Waiver and Release of University Rights
Pursuant to these Policies and to its patent procedures, a constituent institution, after consultation with the inventor, shall cause its rights to subsequent patents, if any, to be waived to the inventor if the institution is convinced that no University facilities, time, or materials were used in the development of the discovery or invention, that it was made on personal time, and that such waiver would not conflict with any pertinent agreement between the institution and a sponsoring agency or agencies.
Pursuant to these Policies and to its patent procedures, a constituent institution, after consultation with the inventor, may at its discretion and upon such terms as it deems appropriate, cause its rights to the discovery or invention, if any, to be released and waived to the inventor if the institution is convinced that the discovery or invention is clearly one that is non-patentable, that it does not warrant further evaluation as to patentability, or if the discovery or invention has been returned to the institution after negative evaluation by the institution's agent(s).
V. Income from Patents
The inventor shall receive not less than fifteen percent (15%) of the gross royalties derived from licensing or income from assignment or sale of each patent resulting from his invention and owned by the constituent institution pursuant to these Policies. With the limitation, the exact proportion shall be determined in accordance with the institution's patent procedures as approved by the institution's Board of Trustees and the President.
Income earned by each constituent institution from its patent and licensing activity shall be held in a separate trust fund by that institution to support research. The particular unit of the institution employing the inventor or furnishing the research facilities will be given preferential consideration, though not necessarily exclusive consideration, in the allocation of such royalty income by the institution. Allocations from such trust funds shall be made by the Chancellor of each institution after receiving recommendations from the institutional Patent Committee.
VI. Specific Conditions Governing Sponsored Research
Government Sponsored Research
Patents on inventions arising from research financed by the United States Government may be controlled by the terms of the grants and contracts specified by the government agency pursuant to Federal Law. In some cases, the government claims rights to patents resulting from research financed under contracts supported by government agencies. Except as provided by Federal law or by government-supported grants or contracts, or when no patent rights are claimed by the United States Government, or when such rights are waived by the government, patents arising from government sponsored research are controlled by these Patent and Copyright Policies. When a patent arising out of research supported under government grants or contracts is owned by a constituent institution, that institution will, if requested, agree to a non-exclusive royalty-free license for use by the government of such patent. If such a patent is owned by the government, the institution shall be free to use the invention so covered for its own scientific and educational purposes without payment of royalty or other charge, consistent with Federal Law.
University Research Sponsored by Non-Governmental Entities
The University must ensure that its facilities and the results of the work of its employees are applied in a manner which best serves the interests of the public. Likewise, the legitimate interests of a private sponsor who provides financial or other support to research carried out through the constituent institutions must be considered. Constituent institutions should normally reserve the right to ownership of patents on inventions arising out of research supported in whole or in part of grants or contracts with nongovernmental organizations or firms. Contracts or agreements which are entered into between institutions and such organizations or agencies should contain clauses setting forth such a reservation unless deviations therefrom are requested by the sponsor and approved by the institution consistent with the public interest. In the interest of fair treatment to the sponsor in consideration for the sponsor's investment and in the interest of discharging the institution's obligation to the public in the application of its facilities and its employees' time and talent, special provisions may be negotiated by the institution in such non-government sponsored contracts, upon request, provided that the institution retains the right to use the invention for its own research, educational, and service purposes without payments of royalty fees, that the institution requires the sponsor to use due diligence in the commercial use of the invention, and that the institution retains the right freely to publish the results of its research after a reasonable period necessary to protect the right of the parties and to allow for the filing of a patent application.
A major function of The University of North Carolina is the advancement and dissemination of knowledge. Any practice that unnecessarily restricts the publication of results of scientific work is to be avoided. However, it is recognized that the full development of useful inventions or discoveries may be dependent upon the securing of patent protection that will enable the commercial utilization of the discoveries or inventions. Accordingly, under certain circumstances it may be necessary to delay for a minimum period the publication of results of research.
If a sponsor proposes to support a research effort that will involve a limited exclusive license to use of patents resulting therefrom, the agreement with respect to publication shall include the following. First, the sponsor must agree that the results of the research may be published if desired by the investigators or research workers. Second, in order that patent applications not be jeopardized, the constituent institution, the investigators, and research workers may agree that any proposed publication will be submitted to the sponsor with a notice of intent to submit for publication. If within a period of no more than 90 days from the date of such notice the sponsor fails to request a delay, the investigators, research workers and institution shall be free to proceed immediately with the publication. However, if the sponsor notifies the institution that a delay is desired, the submission of the manuscript to the publisher shall be withheld for the period requested, but in no event shall the total period of delay be longer than one year from the date of the notice of intent to submit for publication mentioned above. Such a period will permit the sponsor to have the necessary patent applications prepared and filed but will not unduly restrict the dissemination of scientific knowledge.
VIII. Avoidance of Conflicts
Conflicts involving patentable inventions and discoveries may arise when a constituent institution's personnel, including students enter into personal consulting agreements with outside firmsand organizations. The agreements that business firms wish to have executed by those who are to serve as their consultants frequently contain provisions as to the licensing or assignment of the consultant's inventions and patents. Unless such provisions are narrowly worded, they usually will apply to areas in which the individual's University work lies and thus come into conflict with the obligations owed by the individual to the University under these Policies, either with respect to the rights of the constituent institution itself in an invention or with respect to the rights of a sponsor of research in the same field or subject matter.
Prior to signing any consulting agreement that deals with patent rights, trade secrets, or the like, where any University time, facilities, materials or other resources are involved, University personnel and students must bring the proposed agreement to the attention of the appropriate administrators of the constituent institution in accordance with its patent procedures and either obtain a waiver of University rights or otherwise modify the consulting agreement to confirm with these Policies, as is determined by the institution in its discretion.
The foregoing requirements are in addition to, and do not eliminate the necessity for, any approval which may be required by The University of North Carolina Policy on External Professional Activity of Faculty and Other Professional Staff.
IX. Duty to Disclose Discoveries and Inventions
All individuals whose discoveries and inventions are covered by these Policies have a duty to disclose their discoveries and inventions promptly in accordance with the patent procedures adopted by each constituent institution pursuant to these Policies. The duty to disclose arises as soon as the individual has reason to believe, based on his or her own knowledge or upon information supplied by others, that the discovery or invention may be patentable. Certainty about patentability is not required before a disclosure is made. Individuals shall execute such declarations, assignments, or other documents as may be necessary in the course of invention evaluation, patent prosecution, or protection of patent rights, to insure that title in such inventions shall be held by the constituent institution, where these policies indicate the institution shall hold title, or by such other parties as may be appropriate under the circumstances.
X. Patent Committees
The Chancellor of each constituent institution of The University of North Carolina shall appoint a Patent Committee, consisting of no less than three members, one of whom shall be designated by the Chancellor to serve as chair. The Committee for the institution shall review and recommend to the Chancellor or his delegate the procedures for the implementation of these Policies; shall resolve questions of invention ownership that may arise between the institution and its faculty, staff, or students or among individuals; shall recommend to the Chancellor the expenditure of the patent royalty fund; and shall make such recommendations as are deemed appropriate to encourage disclosure and assure prompt and expeditious handling, evaluation, and prosecution of patent opportunities.
The chairs of the institutional patent committees, or their delegates, shall meet as an All-University Patent Committee. The meetings of the All-University Patent Committee shall be at the call of the President of The University or his delegate who shall serve as its chair.
XI. Patent Management
The Chancellor of each constituent institution, or any person designated by him or her, is authorized to negotiate with reputable agencies or firms to secure for each institution arrangements for patent management, including competent evaluation of invention disclosures, expeditious filing of applications on patents, and licensing and administration of patents.
A constituent institution is authorized to administer its own patent management and licensing program without the use of a patent management agent, if it determines that such arrangement may better serve institutional and public interests. Nothing in this section shall be construed to permit the reduction of the minimum share due an inventor as specified in Section V of these Policies.
As a generals rule, all rights to copyrightable material are the property of the creator. The distribution of royalties, if any, is a matter of arrangement between the creator and his publishers and licensees. Different treatment may be accorded by the institution in case of specific contracts providing for an exception, in cases where the constituent institution or sponsor may employ personnel for the purpose of producing a specific work, where different treatment is deemed necessary to reflect the contribution of the institution to the work, as in the case of software or audiovisual material, or where a sponsored agreement requires otherwise.
XIII. Service Marks, Trademarks and Trade Secrets
Service marks and trademarks are the property of the constituent institutions, and without express authorization from the Chancellor or his or her designee, no steps shall be taken for securing trademarks or service marks by usage or registration with respect to products resulting from or arising out of research or other activities carried out at a constituent institution or developed with the aid of its facilities or staff, or produced through funds administered by the constituent institution. The institutions are hereby authorized to register such marks as are deemed by that institution to be appropriate and to license the use of such marks, provided that the income from such licensing shall be used to support the research and educational programs of the institution and not accrue to the personal benefit of University personnel.
The use of trade secret agreements to protect discoveries and inventions developed at the constituent institutions may not be consistent with the aims and purposes of The University of North Carolina. Special provisions may be required to protect the free dissemination of students' degree-related work.
The Board of Trustees of each constituent institution shall adopt patent procedures that are consistent with and implement these Policies, taking into account the nature and scope of the institution's programs. The institutional patent procedures shall be reviewed and approved by the President or his representative prior to approval by the Trustees.
Exceptions to the above policies are authorized if approved by the President following a favorable review and recommendation from the pertinent institutional committee or the All-University Patent Committee. Before approving an exception, the President must determine that, on the basis of the evidence available, such exception is in the public interest and is consistent with The University's responsibilities to the public.
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Last updated: July 30, 1999