Accordingly, the East Carolina University Board of Trustees adopts the following policy, consistent with The UNC Board of Governors Policy on Illegal Drugs. The policy is intended to accomplish the following:
Educational Efforts to Prevent Substance AbuseIn keeping with its primary mission of education, East Carolina University will conduct a strong educational program aimed at preventing substance abuse and illegal drug or alcohol use. Educational efforts shall be directed toward all members of the academic community and will include information about the incompatibility of the use or sale of illegal substances with the goals of East Carolina University; the health hazards associated with illegal drug or alcohol use; the incompatibility of substance abuse with the maximum achievement of educational, career, and other personal goals; and the potential legal consequences of involvement with illegal drugs or alcohol.
Counseling and Rehabilitation Services to Prevent Substance AbuseThose faculty, staff, or students who seek assistance with a substance-related problem shall be provided with information about drug counseling and rehabilitation services available through East Carolina University and also through community organizations. Those who voluntarily avail themselves of university services shall be assured that applicable professional standards of confidentiality will be observed.
Disciplinary Actions to Prevent Substance AbuseStudents, 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 expected that East Carolina University students, faculty members, administrators, and other employees who use or possess alcoholic beverages will do so as legally prescribed by the laws of the State of North Carolina, within the regulations of East Carolina University, and in a manner which does not disrupt the lives of others. A person whose conduct is outside these parameters will be subject to the judicial rules and procedures of 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 proceedings against a student, faculty member, administrator, or other employee when the alleged conduct is deemed to affect the interests of the university.
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 Sections V and VI of Appendix D of the East Carolina University Faculty Manual, by board of governors’ policies applicable to the employees exempt from the State Personnel Act, by the East Carolina University Student Judicial System, and by regulations of the State Personnel Commission.
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.
In the case of employees, anyone convicted of a criminal drug statute violation occurring in the workplace shall notify the university no later than five days after such a conviction. The university will commence disciplinary action against such an individual within thirty (30) days of notice of the conviction.
Responsibilities Under This PolicyAuthority to implement the policy shall reside in the chancellor. The chancellor shall designate a coordinator of drug and alcohol education who shall, acting under the authority of the chancellor, be responsible for overseeing all actions and programs relating to this policy.
All employees and students shall be responsible for abiding by the provisions of this policy. In the case of employees, adherence with the provisions of the policy shall be a condition of employment.
The chancellor will render an annual report to the board of trustees on the effectiveness of this policy.
Dissemination of This PolicyA copy of this policy shall be given annually to each employee and to all new employees at the beginning of their employment. Each student shall receive a copy and new students shall be given a copy during orientation.
The policy shall be printed on appropriate student documents and posted on official bulletin boards of the university.
Amended October, 1990
The Board of Trustees of East Carolina University
All employment decisions will be made so as to further the principle of equal employment opportunity. The university will recruit, hire, train, and promote persons in all positions without regard to race, religion, color, creed, national origin, sex, age, or disability. Consistent with this principle, all promotion decisions will be made using valid requirements and all personnel actions (such as compensation, benefits, transfers, layoffs, return from layoff, university sponsored training, education, tuition assistance, and social and recreational programs) will be administered without regard to race, religion, color, creed, sex, national origin, age, sexual orientation, or disability.
This policy on nondiscrimination and the Affirmative Action Program of East Carolina University are consistent with and pursuant to the guidelines set forth in Executive Order 11246 and its implementing regulations. The Affirmative Action Program implements guidelines set forth under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination In Employment Act of 1976, the Vietnam Veterans Readjustment Assistance Act of 1974 as amended, and the Americans with Disabilities Act of 1992.
The university’s policy is consistent with NCGS 126-16: “All State ... agencies ... of North Carolina shall give equal opportunity for employment without regard to race, religion, color, creed, national origin, sex, age, or handicapping condition to all persons qualified, except where specific age, sex, or physical requirements constitute bona fide occupational qualifications necessary to proper and efficient administration. This section with respect to equal opportunity as to age shall be limited to individuals who are at least forty years of age but less than seventy years of age. It is also consistent with The Code of The University of North Carolina, Section 103: “Admission to, employment by, and promotion in The University of North Carolina and all of its constituent institutions shall be on the basis of merit and there shall be no discrimination on the basis of race, color, creed, religion, sex, national origin, age, or disability.
The responsibility for implementation of this plan rests with the chancellor. The vice chancellors, dean of the College of Arts and Sciences, deans of professional schools, departmental chairpersons, and principal administrative directors are responsible for assisting him in implementing these policies. These responsibilities also include coordination of the university's efforts to comply with all applicable aspects of the Americans with Disabilities Act of 1992. They will assure that decisions involving recruitment, selection, appointment, and promotion of faculty and staff at all levels are made in a nondiscriminatory manner and in accordance with the goals of the ECU Affirmative Action Plan.
The chancellor has also appointed the EEO officer to coordinate all aspects of the Affirmative Action Plan, initiate programs to assist in reaching the goals of the Affirmative Action Plan, maintain a record system, identify problem areas, monitor progress, and assist faculty, staff, and students to resolve problems. These responsibilities also include coordination of the university's efforts to comply with all applicable aspects of the Americans with Disabilities Act of 1992.
Any student of East Carolina University who has a complaint of discrimination should follow the procedure outlined in the student handbook, The Clue Book. Current, former, or prospective faculty or staff who have a complaint should follow the procedures outlined in the Faculty Manual or the East Carolina University Business Manual. The EEO officers will provide information to any individual concerning the appropriate grievance procedures.
Copies of the Affirmative Action Plan are available in the Office of Equal Opportunity and via the Internet at www.ecu. edu/eeo.
This Affirmative Action Plan will be evaluated annually and a report prepared by the EEO officer for review by the chancellor. The EEO officer is Taffye Benson Clayton. The associate EEO officers are Damon Davis and LaKesha Alston. The Office of Equal Opportunity and Equity is located in 107 Whichard; telephone 252-328-6804.
East Carolina University supports the protections available to members of its community under all applicable federal laws, including Titles VI and VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 799A and 845 of the Public Health Service Act; the Equal Pay Act; the Age Discrimination Act of 1975; the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1974; the Vietnam Era Veteran’s Readjustment Assistance Act of 1974; the Americans with Disabilities Act of 1992; and Executive Order 11246, as amended by Executive Order 11375.
In compliance with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1992, accommodations of the disabled extend to student programs, employment practices, elimination of physical barriers, and special assistance to disabled students and employees within the university.
This nondiscrimination policy covers admission, readmission, access to, and treatment and employment in university programs and activities, including, but not limited to, academic admissions, financial aid, any services, and employment.
Any student who believes that he or she has been discriminated against by the university because of his or her race, color, national origin, religion, gender, age, sexual orientation, or disability may speak with the director of the Office of Student Conflict Resolution, Mary Louise Antieau, 201 Whichard Building, East Carolina University. Following that discussion, a student who wishes to file a formal or informal grievance will be directed to the appropriate office. Any member of the university community desiring information or having a complaint or grievance in regard to these provisions should contact the assistant to the chancellor/EEO officer, Taffye Benson Clayton, 107 Whichard, East Carolina University, Greenville, NC 27858-4353; telephone 252-328-6804 or the associate EEO officer.
The following constitute sexual harassment: making verbal remarks or committing physical actions that propose to people of either sex that they engage in or tolerate activities of a sexual nature in order to avoid some punishment or to receive some reward; singling out people of either sex and creating or attempting to create a hostile university or working environment or otherwise attempting to harm or harming people because of their sex; and continuing verbal or physical conduct of a sexual nature when the person the conduct is directed toward has indicated clearly, by word or action, that this conduct is unwanted.
Sexual discrimination consists of actions that subject employees or students to unequal treatment on the basis of their sex.
It is the responsibility of members of the university community to strive to create an environment free of sexual harassment and discrimination and free of unprofessional bias in the supervision and evaluation of students and employees. It is against the policies of East Carolina University for its employees or students to propose to other employees or students that they engage in or tolerate activities of a sexual nature in order to avoid some punishment or to receive some reward; to create a hostile university or work place environment for an individual or group because of the individual’s or the group’s sex; to continue verbal or physical conduct of a sexual nature when the employees or students of the university such conduct is directed toward have indicated clearly, by word or action, that such conduct is unwanted; to engage in consensual amorous relationships with students or other university employees whom the employee is or will be supervising or evaluating; and to subject other employees or students to unequal treatment on the basis of their sex.
Complaints brought against East Carolina University students by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures presented in The Clue Book.
Complaints brought against East Carolina University staff by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures stated in the East Carolina University Business Manual, Policy Statement 7: Employee Relations in the Human Resources Section.
Complaints brought against East Carolina University faculty members or administrators holding faculty status by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures presented in the East Carolina University Faculty Manual.
Any person having a complaint of sexual harassment should contact Taffye Benson Clayton, equal employment opportunity officer, 107 Whichard Building; telephone 252-328-6804. The associate EEO officers are Damon Davis and LaKesha Alston, whose offices are located in the Whichard Building, Rooms 204 and 205, telephone 252-328-1957 or 252-328-2737.
Section I. RationaleThe faculty, staff, administration, and students of East Carolina University maintain that it is important to create an atmosphere in which instances of racial and ethnic harassment are discouraged. Well-publicized policies and procedures such as these will help to create an atmosphere in which individuals who believe that they are the victims of racism or ethnic harassment are assured that their grievances will be dealt with in a timely, confidential, fair, and effective manner. Toward this end, all members of the university community should understand that racial and ethnic harassment violates university policy and will not be condoned. Members of the university community are encouraged to express freely, responsibly, and in an orderly way their opinions and feelings about any problem or complaint of harassment prohibited under these policies. Any act by a university employee or student of reprisal, interference, restraint, penalty, discrimination, coercion, or harassment against a student or an employee for using these policies responsibly interferes with free expression and openness and violates this policy. Accordingly, members of the university community are prohibited from acts of reprisal against those who bring charges or are involved as witnesses or otherwise try to responsibly use this policy.
Section II. Racial and Ethnic Harassment Policy
Section III. Grievances Against East Carolina University StudentsComplaints brought against East Carolina University students by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures presented in the Clue Book.
Section IV. Grievances Against East Carolina University StaffComplaints brought against East Carolina University staff by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures stated in the East Carolina University Business Manual, Volume 2, Section VIII.
Section V. Grievances Against East Carolina University Faculty Members or Administrators Holding Faculty StatusComplaints brought against East Carolina University faculty members or administrators holding faculty status by East Carolina University students, faculty, staff, administrators, or visitors ordinarily are governed by the grievance procedures stated in the East Carolina University Faculty Manual, Appendix X. However, if a faculty member raises allegations of racial or ethnic harassment or discrimination during a hearing he or she requested before the Due Process Committee, the Reconsideration Committee, or the Faculty Hearing Committee (in accordance with the policies and procedures set forth in the East Carolina University Faculty Manual, Appendix D), the relevant committee shall determine the merits and bearing, if any, of the allegations raised by the faculty member on the matter before the committee. Such actions by the Due Process Committee, the Reconsideration Committee, or the Faculty Hearing Committee shall not preclude a faculty member from independently bringing a complaint of racial or ethnic harassment or discrimination in accordance with the grievance procedures stated in the East Carolina University Faculty Manual, Appendix X. The outcome of an Appendix X grievance brought by a faculty member against other faculty members or administrators holding faculty status either may be appealed in accordance with the provisions for appeal set forth in section J of Appendix X or may be appealed before the Faculty Affairs Committee in accordance with the policies and procedures set forth in Appendix D of the East Carolina University Faculty Manual, but not both.