Notice of Nondiscrimination and Affirmative Action Policy
East Carolina University is committed to equality of opportunity and prohibits unlawful discrimination and harassment based on the following protected classes: race/ethnicity, color, genetic information, national origin, religion, sex (including pregnancy and pregnancy related conditions), sexual orientation, gender identity, age, disability, political affiliation, and veteran status (including relationship or association with a protected veteran; or active duty or National Guard service) (“Protected Class”).
This policy also prohibits retaliation, as defined in the Notice of Nondiscrimination and Affirmative Action Policy, against an individual for using applicable policies responsibly. Retaliation interferes with free expression, inhibits openness that is important to the university, and violates university policy.
This policy covers admission, readmission, access to, treatment and employment in university programs and activities, including, but not limited to, academic admissions, financial aid, any services, and employment. This policy applies to students, applicants, employees, visitors, volunteers and other third parties under circumstances within the university’s control.
This policy applies to all discrimination, harassment, and related retaliation that occurs either on ECU property or off ECU property if (1) the misconduct occurred in the context of an ECU program or activity or (2) if the misconduct creates or contributes to, for a member of the university community, a learning or working environment that is hostile, as defined in this policy.
The full text of this policy, including any future updates, will be available at https://policy.ecu.edu/05/25/02.
Pursuant to its obligation under applicable federal law, the university will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin and to employ and advance in employment qualified employees and applicants who are protected veterans and individuals with disabilities at all levels of employment.
The university will recruit, hire, train and promote persons in all job titles and ensure that all other personnel matters and any other term, condition, or privilege of employment will continue to be administered in accordance with this policy and without regard to university protected classes listed above. The university will ensure that all employment decisions are based only on valid job requirements.
In compliance with Section 503 of the Rehabilitation Act of 1973, as amended; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990, as amended; and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA), accommodations for individuals with disabilities extend to student programs, employment practices, elimination of physical barriers, and special assistance to students and employees within the university who are individuals with disabilities.
Students who need to request disability accommodations, should contact the Department for Disability Support Services (138 Slay Building; 252-737-1016; voice/TTY). Employees who need to request a reasonable accommodation should contact the Office of the ADA Coordinator (Department for People Operations, Success, and Opportunity; 252-737-1018; voice/TTY).
The university accommodates the religious observances and practices of students and employees except where such accommodation causes undue hardship for the university. The extent of the university’s obligation is determined initially by considering statutory requirements; and any obligation of accommodation beyond that shall be determined with consideration of business necessity, financial costs and expenses, and resulting personnel and/or academic problems.
Members of the university community who have concerns about the adequacy of accommodations or wishing to file a complaint, may contact the Equal Opportunity and Title IX staff in the Department for People Operations, Success, and Opportunity at 252-328-6804.
ECU is required by Title IX of the Education Amendments of 1972 not to discriminate on the basis of sex in its education programs and activities which includes, but is not limited to, admission and employment.
Questions regarding Title IX may be addressed to LaKesha Alston Forbes, Title IX Coordinator, in the Department for People Operations, Success, and Opportunity and/or to the US Department of Education’s Office for Civil Rights.
The Title IX Coordinator may be reached in the Department for People Operations, Success, and Opportunity (Building 283, HR Annex; 22-328-6804; https://titleix.ecu.edu/contact-us/title-ix-coordinator).
Additional information regarding the university’s obligations and procedures for responding to conduct prohibited by Title IX may be found in university regulations (specifically, the Title IX Compliance and Resolution Regulation: https://policy.ecu.edu/05/25/03 and the University Regulation on Reports of Prohibited Interpersonal Violence and Rleated Misconduct: https://policy.ecu.edu/05/25/04).
Any individual alleging discrimination, harassment and/or related retaliation, as defined in the Notice of Nondiscrimination and Affirmative Action Policy, based on any of the following protected classes: race/ethnicity, color, genetic information, national origin, religion, sex (including pregnancy and pregnancy related conditions), sexual orientation, gender identity, age, disability, political affiliation, or veteran status (including relationship or association with a protected veteran; or active duty or National Guard service) should contact the Equal Opportunity and Title IX staff in the Department for People Operations, Success, and Opportunity to file a complaint.
For any questions related to this policy, contact the Equal Opportunity and Title IX staff in the Department for People Operations, Success, and Opportunity (Suite G-406 Old Cafeteria Building; 252-328-6804; https://oed.ecu.edu/discrimination-and-harassment/) who will consult with and answer questions from individuals about specific procedural matters upon request.
Patent and Copyright Policies
The patent and copyright policies of the University of North Carolina and East Carolina University apply to all employees and students of East Carolina University, including but not limited to faculty, staff, professional employees, and undergraduate and graduate students. These policies relate to ownership, disposition and management of intellectual property rights (such as patents and copyrights).
To learn more about the patent policy go to www.ecu.edu/PRR/10/40/01. To learn more about the copyright policy go to https://policy.ecu.edu/10/40/02. For any questions related to these policies, contact the Office of Licensing and Commercialization (252-328-9549; https://rede.ecu.edu/innovation/).
Policy of the Board of Governors of the University of North Carolina Concerning Improper Relationships Between Students and Employees
The Policy of the Board of Governors of the University of North Carolina Concerning Improper Relationships Between Students and Employees prohibits certain amorous relationships between students and employees. Specific conduct prohibited by this policy includes the following:
- 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.
- 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.
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.
For any questions related to this policy, contact the Equal Opportunity and Title IX staff in the Department for People Operations, Success, and Opportunity (Suite G-406 Old Cafeteria Building; 252-328-6804; https://oed.ecu.edu/discrimination-and-harassment/).
The full text of this policy, including any future updates and to include definitions for related persons and “to evaluate or supervise”, will be available at https://oed.ecu.edu/discrimination-and-harassment/ .
Substance Use Policy
East Carolina University is dedicated to the pursuit and dissemination of knowledge and, as such, expects all members of the academic community to behave in a manner conducive to that end. The highest standards of personal and professional conduct must be maintained by faculty, staff, and students. Illegal or abusive use of alcohol and other drugs, referred to in this policy as substance use, by members of the university community adversely affects the mission of the university and is prohibited.
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:
- Prevent the misuse of substances through a strong educational effort;
- Encourage and facilitate the use of counseling services and rehabilitation programs by those members of the academic community who require assistance in ceasing substance misuse or substance use disorder related behavior; and
- Discipline appropriately those members of the academic community who engage in illegal drug or alcohol-related behavior.
Educational Efforts to Prevent Substance Misuse and Disorder
In keeping with its primary mission of education, East Carolina University will conduct a strong educational program aimed at preventing substance use 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 use with the maximum achievement of educational, career, and other personal goals; and the potential legal consequences of involvement with illegal drugs or alcohol. Refer to the following link for more details: https://deanofstudents.ecu.edu/wp-content/pv-uploads/sites/73/2019/03/PDF-DAAPP-01.2020.pdf
Counseling and Rehabilitation Services to Prevent Substance Misuse and Disorder
Those faculty, staff, or students who seek assistance with a substance-related concern 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 Misuse or Disorder
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 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.
- Trafficking in Illegal Drugs
- For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedule I, NC General Statutes 90-89, or Schedule II, NC 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.
- 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, NC 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.
- Illegal Possession of Drugs
- For a first offense involving the illegal possession of any controlled substance identified in Schedule I, NC General Statutes 90-89, or Schedule II, NC 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.
- For a first offense involving the illegal possession of any controlled substance identified in Schedules III through VI, NC 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.
- 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.
- Possession and Use of Alcohol
- For offenses involving the illegal possession, use, sale and/or distribution of alcohol in violation of NC General Statutes 18B-300 & 18B-301 & 302; 18B-1006 (a); or Greenville Ordinance No. 812-1-2, a student will be sanctioned to a progressive penalty system based on the type of infraction and the circumstances involved. Penalties may be a warning, probation, fine, volunteer community service, and/or removal from the residence system or the university.
- In certain circumstances, involvement in an alcohol education and/or counseling program may be offered to a student in lieu of being referred to the conduct board with a recommendation for suspension. Specifically, a student given this option will be required to participate in a program of assessment, education and counseling; pay an educational fee of $75 or $115 (based on sanction), and be placed on university probation.
- University employees subject to the State Personnel Act may be disciplined in accordance with the rules and regulation for personal misconduct, i.e., final written warning, which may include a three (3) day suspension without pay, or dismissal.
When a student, faculty member, administrator, or other employee has been charged by the university with a violation of policies concerning illegal drugs or alcohol, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the chancellor or, in the chancellor’s absence, the chancellor’s designee concludes that the person’s continued presence within the university community would constitute a clear and immediate danger to the health or welfare of other members of the university community; provided, that if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.
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 Policy
Authority 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.
Dissemination of This Policy
The Drug Abuse and Alcohol Prevention Plan (DAAPP) is made available at new employee orientation and is disseminated yearly to employees via e-mail. Students are sent the DAAPP for review via e-mail in the all semester and new enrollees in the spring semester. The DAAPP is available at https://deanofstudents.ecu.edu/wp-content/pv-uploads/sites/73/2019/03/PDF-DAAPP-01.2020.pdf.
The University’s Title IX Compliance and Resolution Regulation and Regulation on Reports of Prohibited Interpersonal Violence and Related Misconduct prohibit Sexual Assault (hereafter defined as Rape, Sodomy, Sexual Assault with an Object, Incest, Fondling, and Statutory Rape), Dating and Domestic Violence, Stalking, and Sexual Harassment, and Sexual Exploitation (“Title IX Conduct” and/or “Related Misconduct”). These forms of Title IX Conduct and Related Misconduct may be unlawful, undermine the character and purpose of the University, and will not be tolerated.
The University adopts these Regulations with a commitment to: (1) eliminating, preventing, and addressing the effects of Title IX Conduct and Related Misconduct; (2) fostering the University’s community of trust, in which Title IX Conduct and Related Misconduct is not tolerated; (3) cultivating a climate where all individuals are well-informed and supported in reporting Title IX Conduct and Related Misconduct; (4) providing a fair and impartial process for all parties; and (5) identifying the standards by which violations of these Regulations will be evaluated and disciplinary action may be imposed.
These Regulations apply to all reports of Title IX Conduct and Related Misconduct occurring on or after the effective date of the Regulations.
Concerns about the university’s application of Title IX, VAWA, and the Clery Act, may be addressed to the Title IX Coordinator; the Clery Coordinator in the ECU Police Department; the United States Department of Education’s Clery Act Compliance Division (at clery@ed.gov); the United States Department of Education’s Office for Civil Rights (at OCR@ed.gov or 800-421-3481; and/or the Equal Employment Opportunity Commission (at info@eeoc.gov or 800-669-4000).
The Title IX Coordinator can be contacted by telephone, email, or in person during regular office hours: LaKesha Alston Forbes, Title IX Coordinator (Building 283, HR Annex; 252-328-6804; https://titleix.ecu.edu/contact-us/title-ix-coordinator/).
The full text of these regulations is available at https://policy.ecu.edu/05/25/03 and https://policy.ecu.edu/05/25/04 .
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