This report is compiled and edited by the Director of Student Judicial Affairs ( East Scott Building, Cullowhee, North Carolina 28723, phone 828-227-7184). The University Police Department records statistics on reported crimes according to the Clery Act and the Uniform Crime Reporting System of the Federal Bureau of Investigation. The Director of University Police reports these statistics to the Director of Student Judicial Affairs for the purpose of this report. The Director of Student Judicial Affairs records statistics on disciplinary actions and judicial referrals as required by the Clery Act and reports them to the Director of Student Judicial Affairs for the purpose of this report. Annually, the Vice Chancellor for Student Affairs, or designee, sends a letter to all non-police campus security authorities informing them of their responsibility to report crimes to the police and asking for information on any crimes not reported to the police. A list of individuals considered “non-police campus security authorities” is available from the Student affairs Office. The Director of Student Judicial Affairs reviews all crimes reported by non-police campus security authorities to minimize double counting of incidents. Further questions about this report may be directed to the Director of Student Judicial Affairs.

POLICY ON REPORTING CRIME: YOUR ROLE IN SAFETY ON CAMPUS

You can help keep the Western Carolina University campus a safe place for yourself and others by promptly reporting crimes or suspicious circumstances. If you witness a crime, it is your responsibility to report the crime to the University Police. All state of North Carolina employees are required by law to report incidents of theft, misuse, or abuse of state property within 72 hours to University Police. The University Police Office is located in room 111 of the Cordelia Camp Building Annex. You may talk to university police officers on their car and foot patrols, you may use the campus's twenty-four-hour 911 service to call for assistance or report incidents, you may use one of the blue light call boxes, or for non-emergencies you may call 227-7301. It is University Police policy to investigate every report. If technical expertise or additional investigative help is needed, the N.C. State Bureau of Investigation (SBI) may be called to assist.

If crimes happen off campus, the Jackson County Sheriff’s Department is likely to be the primary investigative agency with WCU investigators providing support if requested. From an off-campus phone you my reach the Sheriff’s office in an emergency by dialing 911. From on-campus phones and for off-campus non-emergencies you may reach the Sheriff's office by calling 586-1911.

Persons who are victimized while on the premises of the Cherokee Center should report the incident to the Cherokee Police Department (497-4131) and to the Director of the Cherokee Center (497-7920). The Director of the Cherokee Center will notify the WCU Police so that accurate statistics may be compiled.

WCU students and faculty at the UNCA campus should report incidents to the UNCA Public Safety Office by going to that office in Vance Hall or by calling 257-6710. Copies of the UNCA annual safety report are available at the Public Safety Office or at http://www.unca.edu/publicsafety/security.html.

WCU students and faculty at the A-B Tech Enka Campus should report those incidents to A-B Tech Security or the Asheville Police by dialing 911. Copies of the A-B Tech annual Safety Report are available at the Security Office on the main campus or at http://www.abtech.edu/security/righttoknow.htm.

FOR MORE INFORMATION CALL:

UNIVERSITY POLICE--227-7301

JACKSON COUNTY SHERIFF--586-1911

SYLVA POLICE DEPARTMENT--586-2916

LAW ENFORCEMENT

On campus, sworn and armed police officers of the University’s Police Department enforce laws, University rules, and the Student Code of Conduct and provide protective services. Certified by the North Carolina Attorney General’s Office, these officers can make arrests on property owned, leased, or under the control of the University. Additionally, these officers can enforce laws on roads adjacent to University property. Through a Mutual Aid Agreement with the Jackson County Sheriff’s Department, officers may be called upon to assist deputy sheriffs with enforcement activities at off-campus locations.

Incidents of student behavior that violate the Student Code of Conduct but do not rise to level of criminal conduct that are referred to or detected by police officers will usually result in the issuance of a Student Judicial Affairs referral citation to the student(s). Upon receipt of a citation, a student has three class days to contact the Student Judicial Affairs office to make an appointment to review the incident and the student’s behavior. Failure to contact the Student Judicial Affairs office within the allotted time may result in further disciplinary action up to and including expulsion from the University.

All crimes reported to the Police Department are investigated. Where suspect(s) can be identified, police officers gather evidence to establish probable cause to prosecute the offender(s) in state or federal courts. For individuals who commit traffic offenses, officers typically issue a state traffic citation that usually requires an appearance in state court. If, in the opinion of the officer, the offense committed is minor, the officer may, at his or her discretion, issue a campus traffic citation or a verbal warning.

For students who commit misdemeanor offenses, police officers may, at their discretion, defer arrest in favor of referring students to the Student Judicial Affairs office. In all cases of arrests of students by the Police Department, referral to the Student Judicial Affairs office will be made. Additionally, for certain offenses committed off-campus, students may be referred to the Student Judicial Affairs office.

All felonies are investigated and referred to the local District Attorney’s office when probable cause exists for an arrest. The District Attorney, or one of his or her assistants, decides whether criminal charges will be filed with the court and prosecution will follow. The prosecutorial function through the criminal justice system is distinctly separate from the administrative disciplinary process on campus. The decision of whether to pursue action through one system does not bar the ability to pursue action through the other.

Other agencies with enforcement jurisdiction on campus include the Jackson County Sheriff’s Department, the North Carolina Highway Patrol, the State Bureau of Investigation, and the North Carolina Alcohol Law Enforcement Agency. On-campus enforcement actions by these agencies are coordinated through the Police Department.

For faculty and staff members and students who live off-campus in the unincorporated areas of the county, including off-campus student organizations, the Jackson County Sheriff’s Department is the primary provider of law enforcement services. For faculty and staff members and students who live off-campus in incorporated areas, there is usually a municipal police department that provides law enforcement services for each respective incorporated area. Residents living in incorporated areas need to contact their local municipal government or the Jackson County Sheriff’s Department to determine who provides law enforcement services to their area.

POLICIES ON LOCKS AND LIGHTING

University custodians lock academic and administrative buildings around 11 p.m. Monday through Friday, and open the buildings at 7 a.m. the following day. The buildings are locked from 5 p.m. Saturday until 7 a.m. Monday.

Exceptions: In Belk Building, Fine and Performing Arts Center, and Music/English Building, special arrangements have been made for monitoring by staff members, faculty members, or graduate students. Opening and closing times also vary on some multi-use buildings such as Hunter Library, the Student Media Center, Hinds University Center, and Reid and Breese gymnasiums.

Residence halls are locked twenty-four hours a day. Resident students receive electronic access cards to their buildings and may enter at will. All residence hall visitors and guests must be escorted at all times. Please remember: Security is breached if doors to residence halls are propped open.

University Police Officers periodically check exterior doors to campus buildings, but do not routinely patrol inside buildings. Students and faculty and staff members should not remain in academic or administrative buildings during "closed" hours.

University Facilities Management is responsible for providing and maintaining the campus's exterior lighting and observes standard foot-candle specifications. Facilities Management personnel identify and trim trees and shrubbery that interfere with lighting. In planting and maintaining shrubbery around the buildings and near thoroughfares, our grounds crews try to preserve lines-of-sight for pedestrians and vehicular traffic. Please report inoperable lights or hazardous conditions to the University Police Department or to the Physical Plant.

CRIME PREVENTION

Police officers are available to present crime-prevention and safety programs to members of the University community. Topics that may be addressed include personal safety, property security and theft prevention, hate crime information, alcohol and drug use and abuse, and parking issues and traffic safety. Additionally, the Police Department partners with other University departments, such as the Women’s Center, the Department of Residential Living, and the Office of Multicultural Affairs to present programming that addresses specific issues. Requests for programs should be made by calling 828-227-7301. Information regarding safety on campus is typically presented to all new students attending orientation sessions.

During the academic year, Student Health Services, The Wellness Office, the Department of Residential Living, the Counseling and Psychological Services Center, and other Student Affairs units and staff present programs on sexual assault, alcohol and drug awareness, dating violence, conflict resolution, and other topics related to crime prevention and personal safety. These offices and their staff emphasize the hazards and responsibilities of living in a university community and encourage students to be responsible for their safety and the safety of others. For information regarding the availability of programming or services, call the Student Affairs Office at 828-227-7234.

Information regarding crime prevention and safety tips may be accessed though the Police Department’s web site at http://police.wcu.edu/tips.htm.

POLICY ON NOTIFICATION OF PUBLIC DANGER (TIMELY WARNING)

If a situation develops that is judged to pose a threat to the campus community, normally the Office of Public Information will issue a statement describing the nature of the threat. In some cases which may involve a limited portion of the university community, the warning may be issued by the department of residential living, the university police, or an other appropriate office. The statement will be released in one or more ways, including broadcast by the campus radio station, publication in the student newspaper, and distribution in residence halls, academic and administrative departments, and/or e-mail notification when appropriate. If the situation warrants, the University Police will make and document personal notification. The University Police will maintain a log of all situations warranting a timely warning and will maintain copies of the official notices.

NORTH CAROLINA SEX OFFENDER AND PUBLIC PROTECTION REGISTRY

All convicted sex offenders coming to or in North Carolina, including students, are required to register with the local county sheriff’s department for inclusion in the North Carolina Sex Offender and Public Protection Registry. This Registry may be viewed locally at the local county sheriff’s department or accessed directly on-line at http://ncregistry.ncsbi.gov/(s(kediom45ljas5255orqftgih))/default.aspx .

CRIME, ARREST, AND VIOLATION STATISTICS

The University Police record statistics on reported crimes on campus, according to the methods, standards, and definitions provided by the Uniform Crime Reporting System of the Federal Bureau of Investigation. Western Carolina University has filed statistics with this system since 1978. The Director of Student Judicial Affairs records statistics on disciplinary actions and judicial referrals. The Student Affairs Office maintains statistics of crimes not reported to police, but reported by non-police campus security authorities in an annual survey conducted by the Vice Chancellor or designee.

To the extent that reports can be obtained from local law-enforcement agencies, university crime statistics recorded since September 1991 include incidents that occurred at off-campus locations occupied by registered student organizations or on university-owned property that is not part of the main campus.

Definitions

For the use of this report "Campus" is defined as any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor). "Public" is defined as all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution's educational purposes. "Residence" is defined as an on-campus residence hall and is a subset of "Campus" total. "Non-Campus" is defined as any building or property owned or controlled by a student organization recognized by the institution and any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. "Hate" crimes are a subset of the total of all other columns and are those which met the FBI definition of hate crimes.

WCU Crime Statistics

There were no crimes (in the categories listed above) at the Highlands Biological Station or the Cherokee Center. WCU students enrolled in courses offered in Asheville may obtain copies of the UNCA Clery Act Report at the UNCA Public Safety Office in Vance Hall.

The Clery Act was amended in 1998. Any marked increase across years or in the revised statistics from previous years can be accounted for by the fact that the geographic boundaries for reporting were greatly expanded in 1998, and reporting of drug, alcohol, and weapons violations has also been broadened to include not only arrests, but also disciplinary referrals. Disciplinary action and referrals for 2003, 2004, and 2005 include all disciplinary cases for alcohol, drug, and weapons violations.

*** This category includes all on-campus incidents, including those listed in the category below, "On-campus residence halls." Therefore, the two categories are not cumulative, but duplicative.

SEXUAL ASSAULT POLICY

I. Purpose

Western Carolina University is an academic community dedicated to the transmission and advancement of knowledge and understanding. It is the obligation of all members of the university community to help maintain an environment wherein academic freedom flourishes and in which the rights of each member of the university community are respected. Acts of sexual assault can jeopardize the health and welfare of members of the university community. In an effort to address such threats to the quality of campus life, Western Carolina University adopts this policy.

II. Definition

For the purpose of this policy, "sexual assault" is defined as engaging in vaginal, oral, or anal sexual intercourse with, or inflicting other sexual invasion upon, any person without that persons consent. "Other sexual invasion" is defined as the intentional touching of another person's genitalia, groin, breast, buttocks, or clothing covering them, or forcing an unwilling person to touch another's intimate parts as listed above, without consent. An action is "without that person's consent"

• when inflicted upon a person who has not freely and actively given consent.
• when consent is given as a response to force or the threat of force.
• when inflicted upon a person who one knows (or reasonably should know) to be physically incapacitated by the use (voluntarily or involuntarily) of alcohol and/or other drugs, including "date rape" drugs to the extent that they are either unconscious, unaware, or otherwise physically helpless.

The scope of this policy shall be limited to conduct which occurs on university premises or which adversely affects the university community and/or the pursuit of its objectives. Students of the university are responsible to the university for certain acts committed off-campus. This policy may apply to off-campus conduct when the conduct is likely to interfere with the educational process or the orderly operation of the university; or the continued presence of the student on campus is likely to endanger the health, safety, or welfare of the university community; or when the conduct has an adverse affect on the university's pursuit of its mission. The action of the university with respect to any alleged assault shall be made independently of any off-campus authority. The prospect of criminal charges does not preclude the possibility of university jurisdiction over the case.

III. Education, Prevention, Counseling, Rehabilitation

Since the primary purpose of Western Carolina University is education, the university's major effort to address sexual assault should also be educational in nature. The university maintains a comprehensive sexual assault prevention program available to all members of the academic community. The activities of the program shall be the responsibility of the Committee on Sexual Assault appointed by the Vice Chancellor for Student Affairs and composed of faculty, staff, and students. The committee shall develop and coordinate an ongoing program available to all members of the academic community that increases awareness of sexual assault. This program shall:

A. Educate the campus community about sexual assault issues including the factors contributing to the incidence of sexual assault.

B. Provide information regarding campus sexual assault policy and procedures.

C. Provide information about sexual assault counseling and rehabilitation services to members of the university community, through campus-based programs for students, faculty, and staff.

D. Encourage members of the campus community to make use of available campus and community counseling, medical, and rehabilitation resources in dealing with sexual assault.

E. Inform members of the academic community that they may be subject to university discipline and/or criminal prosecution for sexual assault violations.

F. Advocate a campus climate that supports responsible relationships.

Persons who voluntarily avail themselves of university services shall be assured that applicable professional standards of confidentially will be observed.

IV. Guide For Students Who Have Been Sexually Assaulted

Sexual assault is an act of violence. Students who are victims of an assault may be in a state of shock and disbelief, and may be feeling a variety of emotions such as fear, anger, and helplessness as well as shame and guilt. A victimized student may not know who to trust or turn to for help. This guide is designed to give students resources to help in recovery as well as preventing an assault from happening again. Students are encouraged to seek help from the resource people in this guide. There are trained professionals available at Western Carolina University who can provide information and support. Students are encouraged to use these resources.

A. If A Student is Sexually Assaulted He or She Should:

GET TO A SAFE PLACE AS SOON AS POSSIBLE.

TRY TO PRESERVE ALL PHYSICAL EVIDENCE. Do not wash, douche, use the toilet, or change clothing, if it can be avoided. If changing clothes is a must, put all clothing worn at the time of the attack in a paper bag, not plastic.

GET MEDICAL ATIENTION as soon as possible to address physical health needs and to collect important evidence in the event of a later decision to take legal action.

CONTACT WCU UNIVERSITY POLICE by calling 911. A call to the university police does not mean that one has chosen to bring criminal charges. Police officers are trained to assist in securing medical attention and professional counseling while assuring that evidence of the incident is collected and preserved in the event of a later decision to prosecute.

TALK WITH A COUNSELOR who can provide emotional support and give information about resources while clarifying confidentiality. For university counseling services, call Counseling and Psychological Services, 227-7469 (M­F, 8-5) or 227-7301 (after hours emergency, ask for "counselor-on-call"). For community counseling services, call the Smoky Mountain Center 1-800-849-6127 or REACH of Jackson County, 631-4488 (M-F, 8-4) or 586-1911 (after hours emergency, ask for "REACH counselor").

CONFIDE IN SOMEONE WHO CAN BE TRUSTED, a close friend or resident assistant, to turn to for support through recovery. If preferred, a member of the university staff who is knowledgeable about recovery resources can be chosen to be a support person.

B. PAST ABUSE

A common response to sexual assault is to withdraw and never tell anyone. Whether the assault occurred recently or years ago, assistance is available. For information, call Counseling and Psychological Services at 227-7469.

C. MALE VICTIMS

Although women are more often the victims of sexual assault, men can be victims, too. All the recovery services available for women are also available for men.

D. MEDICAL TREATMENT

It is important to seek medical attention to assess and treat any physical injuries that may have been sustained. Evaluation of sexual assault includes testing and treatment for sexually transmitted diseases, medication to prevent pregnancy, and documentation of evidence of the assault which would aid criminal prosecution. Physical evidence should be collected immediately, ideally within the first seventy-two (72) hours. It may be collected later than this, but the quality and quantity of evidence may be diminished.

Immediate Emergency Services

A special exam should be conducted as soon as possible following an assault to assure physical well being and to collect evidence that may be used in criminal proceedings. Even if there are no physical injuries, this special exam is recommended to maintain all legal options. The exam is performed by an emergency department physician at Harris Regional Hospital in Sylva. A nurse is present throughout the procedure and a support person of choice can also be present.

NOTE: Routinely, hospital personnel contact police whenever treatment is provided for injuries resulting from a crime. Although police are contacted, this does NOT mean one must proceed with criminal charges.

Transportation

The University Police Office or Health Services are available to transport sexual assault victims to the hospital if necessary. To arrange transportation, call University Police at 227-7301 or Student Health Services at 227-7640.

Non-Emergency Medical Procedures

Non-emergency treatment can be obtained on campus at the Health Center located in the Bird Building.

Hours are Monday-Friday 8am-5:30 pm, and Saturday 10am-4pm.

E. COUNSELING AND EMOTIONAL SUPPORT

University Counseling Services

A counselor can be reached at Counseling and Psychological Services, 227-7469 (M-F, 8-5) in the Bird Health and Counseling Center, or in an emergency, after hours, 227-7301 (ask for the "counselor-on-call"). University emergency after-hour services are only available from August through May while university is in session. For after-hour emergencies between May and August, call the Health Center (227-7640), Smoky Mountain Center 1-800-849-6127, REACH 631-4488, or Harris Regional Hospital Emergency Department (586-7111).

Western’s Counseling and Psychological Services offers counselors who are available to intervene in an emergency and provide information about options for psychological counseling, medical assistance, university disciplinary action, and legal prosecution. These counselors can provide confidential support that may help in the sorting through of feelings and decisions regarding further action.

Community Counseling Services

Other agencies available in the community are the Smoky Mountain Center 1-800-849-6127, REACH (Resources, Education, Assistance, Counseling and Housing), 631-4488. REACH has trained volunteer counselors available on a 24-hour emergency basis through the Sheriffs Office (586-1911, ask for the ''REACH counselor''). The dispatcher at the Sheriffs Office simply coordinates calls. There is no pressure to report or take legal action. Confidentiality is maintained.

F. REPORTING TO WCU UNIVERSITY POLICE

Call 911 on any campus telephone to contact the University Police Department. A victim's choice to report an incident to the university police does not necessarily represent a choice to prosecute or to pursue university disciplinary action. The victim may choose whether to participate in legal and disciplinary proceedings at a later time.

When the university police are called, contact will be made with a professional law enforcement officer who can: 1) help secure medical attention and emotional support from resources on campus and off campus; 2) assist in preserving evidence and preparing a case for court or university disciplinary proceedings; and 3) assist in protecting the victim and others from future victimization.

If the choice is made to call the University Police, an officer will listen to the statement about what happened. The officer will ask questions about the scene of the crime, any witnesses, and what happened before or after the incident. The officer will ask the victim to describe or identify the assailant. If the assault happened off campus, a university police officer will help the victim contact the proper law enforcement agency if so desired.

G. CRIMINAL INVESTIGATION AND CHARGES

The University Police department is required by law to provide information on all sexual assaults and other felonies to the local District Attorney; but in the vast majority of cases, the decision to pursue criminal charges will rest with the victim.

If the victim chooses to pursue criminal charges, a lawyer from the local District Attorney's office will provide representation without cost throughout the proceedings. A lawyer from the District Attorney's office and/or a personal attorney may also provide legal advice to assist the victim in making a decision on prosecution.

University police officers investigate all crimes which occur on campus. If technical expertise or additional investigative help is needed, the N.C. State Bureau of Investigation may be called to assist. If crimes happen off campus, the Jackson County Sheriff's Department is likely to be the primary investigative agency with WCU investigators providing support if requested. Police officers understand that any questioning can be difficult for victims. A victim may request the presence of a support person during police interviews.

If a person chooses to pursue criminal prosecution and if it is possible for the assailant to be apprehended, the suspect will be taken before a magistrate and charged with the appropriate offense. A suspect or student under investigation for any criminal offense by the University Police has a constitutional right to have a lawyer present during questioning; however, the student/suspect does not have the right to have a support person or advocate other than a lawyer present. The suspect/student may request to have someone other than an attorney present, but it is at the discretion of the investigating officer as to whether that would be allowed.

H. DISCIPLINARY PROCEDURES FOR CASES INVOLVING A STUDENT ASSAILANT

Sexual assault (as defined in Section II of this policy) is prohibited behavior at Western Carolina University and by this Policy is a violation of the Code of Student Conduct. Students have the right to file formal complaints of sexual assault with the Office of Student Affairs at 227-7234 or Judicial Affairs at 227-7184. Complaints of sexual assault shall be handled according to the procedures outlined in the Code of Student Conduct (found in the Student Handbook) unless otherwise specified in this Policy.

Rights of Victims

Any person who is a complainant in a case of sexual assault shall be afforded all rights as outlined in the Code of Student Conduct plus the following rights specific to sexual assault cases:

• The right to be assisted by any advisor or support person he or she may choose, at his or her own expense (if a fee is charged), throughout the entire disciplinary process including investigation, informal disposition of the case, hearings, and appeals. The advisor or advocate may not speak in any disciplinary proceeding except in private to the victim.
  
• The right to be notified of the outcome of any disciplinary action in a case of sexual assault subsequent to the notification of the accused.
  
• The right to request to have his or her living arrangements (if in university housing) modified pending the outcome of a disciplinary process if the accused lives close to the victim.
  
• The right to request extra time to make up academic work he or she has missed because of time lost due to the assault and the hearing.
  
• The right, where reasonable and possible, to have the complainant's classes reassigned so as not to share classes with the accused.
  
• The right not to have his or her sexual history discussed during the hearing.
  
• The right to be present during the entire hearing.
  
• The right to have his or her name or other personally identifiable information withheld from release (by the university) to the public, the press, or others who are not directly involved in the case.
  
• The right to make a victim impact statement to be presented to the judicial body subsequent to a determination of responsibility for a violation of the Code of Student Conduct and prior to the determination of a sanction or sanctions.
  
• The right to give testimony from a separate room during a hearing.

Sanctions

Students found to have been responsible for an act of sexual assault shall be subject to sanctions determined by the judicial body handling the case as outlined in the Code of Student Conduct.

Emergency (On and Off Campus): 911

Medical Treatment
Health Services, Bird Health and Counseling Center:
227-7640

Emergency Department, Harris Regional Hospital, Sylva, NC 28779
(24 hours): 586-7111

Police and Legal Information
Western Carolina University Police: 227-7301
Jackson County Sheriffs Office: 586-1911
District Attorney's Office, Jackson County Courthouse: 586-2171

Emotional Support
Counseling and Psychological Services,
Bird Health and Counseling Center (24 hours during school year while university is in session) Weekdays (M-F, 8-5): 227-7469
Emergency after hours: 227-7301 (Ask for "counselor on-call")

SMC - Smoky Mountain Center: 1-800-849-6127

Reach of Jackson County - Resources, Education, Assistance, Counseling and Housing (M-F, 8-5): 631-4488
After hours emergency: 586-1911

Student Affairs Offices
Office of the Vice Chancellor: 227-7234
Residential Living: 227-7303
Director of Student Judicial Affairs: 227-7184
Wellness Coordinator: 227-7640

 

Illegal or abusive use of drugs by anyone in the university community can harm the educational environment and interfere with personal and social goals. Western Carolina University's policy on illegal possession, use, or distribution of drugs and alcohol makes all members of the university community responsible for knowing about and complying with federal and state laws concerning drugs and for helping the university provide a drug-free workplace.

Information on counseling and rehabilitative resources within the university is available from Counseling and Psychological Services and Student Health Services.

The University addresses alcohol and drug issues through education, policy development and revision, enforcement of policies and laws, and offering alternative activities. The University regularly provides programming for the purpose of prevention of alcohol and drug abuse and to prevent members of the University community from violating drug and alcohol laws. The University Police and staff of the Division of Student Affairs share the primary responsibility for drug and alcohol programming and law and policy enforcement.

SCOPE: This policy statement describes: (1) where alcoholic beverages may be possessed on campus (2) the type of alcoholic beverages that are allowed on campus and (3) University requirements for service of alcoholic beverages on campus. Those administrative units responsible for areas where alcoholic beverages may be consumed are required in some cases and allowed in other cases to develop their own procedures, not to conflict with this policy, which provide additional oversight as necessary.

SCOPE: This policy statement describes: (1) where alcoholic beverages may be possessed on campus (2) the type of alcoholic beverages that are allowed on campus and (3) University requirements for service of alcoholic beverages on campus. Those administrative units responsible for areas where alcoholic beverages may be consumed are required in some cases and allowed in other cases to develop their own procedures, not to conflict with this policy, which provide additional oversight as necessary.

GOVERNING PRINCIPLES: It is illegal, and a violation of university policy, for any person less than 21 years of age to consume, purchase, or possess an alcoholic beverage. All policies and procedures for possession, consumption, and handling of alcoholic beverages must comply with N.C. G.S, Chapter 18B and university policy. Violators will be disciplined in accordance with appropriate university rules and regulations, in addition to penalties under state law. All students should be familiar with the alcohol beverage laws of North Carolina. Copies are available in Hunter Library.

Specific procedures must exist to check and identify underage persons, anytime alcoholic beverage consumption by such persons may occur.

State appropriated funds, trust funds, grant or contract funds, student fees collected by WCU, or other restricted funds under the jurisdiction of the University Controller's Office, must not be used to purchase alcoholic beverages unless they are being purchased for cooking purposes in academic classes. For University held events, alcohol may only be purchased from Foundation funds; qualifying student organizations must use personal funds. (The procedure for using alcoholic beverages in academic classes, developed by the Department of Human Environmental Sciences - for its classes only, is attached.)

Under no circumstance may any department, office, person, organization, or business entity sell alcoholic beverages on the University's campus. " Sale" means any transfer, trade, exchange, or barter, in any manner or by any means, for consideration, including, but not limited to, required fees or the purchase of tickets for admission to an event at which alcoholic beverages will be served. Likewise, donations may not be required or solicited in connection with such an event. [N.C. G.S. section 18B-1002 and 1006]

All individuals, including students, employees, and guests living on campus, are permitted to transport only unopened containers of alcoholic beverages to their campus residences or elsewhere on campus.

At campus areas for which the NC Alcohol Beverage Commission may have issued permits, any possession or consumption of alcoholic beverages must also be subject to the special rules or procedures, adopted by the University, for that area.

In the event of conflict between this policy and the facility specific procedure for a University location, this general campus policy will control. In all instances of facility specific procedures, the above GOVERNING PRINCIPLES shall apply.

AUTHORIZED AREAS ON CAMPUS: Unless prohibited by administrative action, alcoholic beverages on campus may be possessed or consumed in the following University designated locations only:

a. The campus residences of legal age students, employees, and guests. For purposes of this policy, the residence of a student living in a residence hall is defined to mean only the assigned campus room in the residence hall and does not include any public or common area of the residence hall. (Consult the WCU Residential Living Office or its Web page http://housing.wcu.edu/policies_Regs.asp for rules concerning campus residences, and instances where consumption and possession of alcoholic beverages might be prohibited by administrative action);

b. U.C. Club Illusions. Only malt beverages and unfortified wine may be consumed at U.C. Club Illusions' events. Consumption must be in accordance with the Club Illusions' rules and procedures;

c. University approved tailgating events. Only malt beverages and unfortified wine may be consumed at University approved tailgating events, in approved campus tailgating parking lots: Baseball field lots, Stadium lot and Creek lot, Fieldhouse lot, and Belk lot. (See information below for rules and procedure concerning tailgating);

d. Only malt beverages and unfortified wine may be served and consumed at the following campus locations listed and for the educational related events specified below.

Locations:

• Ramsey Regional Activity Center
• Jordan-Phillips Fieldhouse
• Cordelia Camp Building
• Bird Alumni House
• Madison Hall
• A.K. Hinds University Center
• Fine and Performing Arts Center
• Other locations deemed appropriate by the Chancellor

Events:

• Banquets, dinners, receptions, educational conferences or conventions, and special one-time occasions scheduled by the Office of the Chancellor, University academic or administrative units, the WCU Foundation, and officially recognized University student organizations at Western Carolina University.
• Groups that do not meet the above criteria [item d] will be directed to seek service at facilities in the Sylva-Cullowhee area or elsewhere. The above University entities are prohibited from acting as a sponsor for an outside group; entities must participate in and actively take responsibility for such an event.

SERVICE POLICIES: Any on-campus booking that entails service and consumption of malt beverages or unfortified wine requires approval in writing, in accordance with this policy and the approval process for the event facility. (Also see UC Club Illusions BYOB policy below for specific BYOB rules and serving procedures.)

Alcohol may not be served to those exhibiting unusual behavior, impaired speech, lack of motor coordination, or any other indications of intoxication, when such behavior appears to be the result of any substance abuse. Intoxicated persons are prohibited from consuming alcoholic beverages on university premises. Facility staff, event staff, waiters, security, and others may identify and notify University Police to remove anyone who is disruptive, due to apparent alcohol consumption or other substance abuse. If removed from the event, the University does not condone and is expressly against anyone driving while under the influence of alcohol or other judgment impairing substance; removal of such persons should be in accordance with University Police policy and state law.

Malt beverages and unfortified wine may be served only in conjunction with a University authorized event, using only University-contracted catering.

Alcoholic beverages must be used only as complements to an event's meal or hors d'oeuvres, not as the primary focus.

Non-alcoholic beverages must be available at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages.

Service of malt beverages and unfortified wine may begin no sooner than one (1) hour prior to an event's scheduled meal service time; alcoholic beverage service must be discontinued upon completion of the catered meal's food servings. For receptions or events only serving hors d'oeuvres, alcoholic beverage service is limited to one (1) hour only.

Malt beverages and unfortified wine, for service and consumption in the buildings previously listed above, must be purchased by the event applicant/sponsor and turned over to the University's contracted catering/service provider prior to the event. (See Alcohol Event Service Procedures below for further details.)

At occasions where malt beverages or unfortified wines are served, University-contracted catering staff must provide trained bartenders, waiters, and/or waitresses and the cost of their service will be charged to the event's applicant/sponsor. Set-ups, supplies, security, and usage fees, if any, will also be charged to the applicant/sponsor.

By holding an event, the University applicant understands and agrees that they must physically reclaim unused beverages within 48 hours of the event's completion or the unused portion(s) will be destroyed. With the exception of an individual's campus residence, reclaimed portions from events are not to be kept on campus in, including but not limited to, administrative and academic buildings, offices, spaces, or storage. [When reclaiming and transporting unused beverages, be mindful of NC Open Container Laws.]

Except to the extent allowed above, brown bagging is prohibited.

Except to the extent allowed above, events at which alcoholic beverages are served will be closed to all persons not specifically invited or on the guest list.

TAILGATING:

Tailgating at which alcoholic beverages are consumed shall apply to all NCAA football games and scrimmages and may begin no more than three (3) hours before an event and must end promptly at game time. Tailgating participants will be encouraged to leave the lots at game time by the Office of Student Affairs and Catamount Club in cooperation with, the University Police. Tailgating involving alcohol will not be permitted during or after games. People who leave the stadium during games will not be allowed to reenter the stadium. Tailgating without alcoholic beverages may resume after games for a period of three hours after the game ends. Motor homes are permitted to park in the baseball lots, other than those specifically allowed by membership in the Catamount Club at donor levels to be determined by the Club.

No kegs are permitted at tailgating activities. A keg is any container that holds or is capable of holding more than one gallon of malt beverage or unfortified wine at a single time. Public display of alcohol is discouraged and glass containers are prohibited in all tailgating areas. The use of plastic containers is encouraged for the consumption of all beverages.

The Executive Council in consultation with University Police will designate approved tailgating areas. Consumption of alcoholic beverages inside the stadium is strictly prohibited.

The Athletic Department will be responsible for posting signs in designated tailgating lots before each game advertising the campus alcohol policy.

Activities sponsored by a particular organization will appoint group leaders who will be briefed on their responsibilities and the tailgating policies either by Student Affairs or the Executive Director of the Catamount Club (depending on the sponsor) as well as the University Police and the Athletic Department. Student Affairs or the Advancement Office will provide group leaders with a copy of the campus alcohol policy.

The Executive Director of the Catamount Club will provide personnel to control access to tailgating areas assigned for its use. Catamount Club staff members will provide information to individuals in the lot on the University's alcohol policy and state laws governing alcohol consumption in those areas. The Catamount Club staff will be on call to assist Campus Police in resolving violations of the University alcohol policy and state laws.

Student Affairs will assign personnel to be on call during tailgating activities. Student Affairs personnel will be provided with a police radio so that they can be summoned to assist with problems that involve students. Student Affairs staff will provide information to individuals in the lot on the University’s alcohol policy and state laws governing alcohol consumption.

All groups and individuals participating in tailgating activities are responsible for proper disposal of their trash and other debris such as charcoal. In cooperation with Student Affairs, Facilities Management will provide periodic trash pick up during tailgating. Trash containers will be set out prior to each game by Facilities Management and additional receptacle will be available from Student Affairs and Advancement staff. For safety purposes, glass containers are NOT allowed in the tailgating areas.

The provision of restroom facilities for persons participating in tailgating activities will be the responsibility of the Catamount Club in their assigned areas and the Athletic Department in all other areas. These offices will supply portable toilets where needed, to discourage the use of restrooms in adjacent academic buildings, particularly the Belk Building.

The University Police will provide mobile patrol through designated tailgating areas before, during, and after the games. University Police officers will be stationed in or nearby designated tailgating areas, to enforce state laws for violations that may occur in their view.

At game time, staff members from the Athletic Department, Catamount Club and Student Affairs will remind all individuals in their tailgating areas of the restrictions on alcohol consumption after the game begins. With the assistance of Campus Police they will encourage all individuals to leave the lot and move into the stadium at the start of the game.

Fifteen to thirty minutes after the game begins, University Police officers will patrol the lots and enforce the alcohol policy and state laws as necessary.

Alcoholic Beverage Service Event Procedures

The following procedure must be followed each and every time alcoholic beverages are to be served at the Ramsey Regional Activity Center, the Cordelia Camp Building, Madison Hall, Bird Alumni House, or the A.K. Hinds University Center (except tailgating and UC BYOB events):

1. Applicant/sponsor must contact the aforementioned facility(ies) for availability and reservations. If accommodation can be made, the appropriate facility director or their designee will send a "Facility's Use/Event Application", along with the "Application for Alcoholic Beverage Service", to the applicant/sponsor. Both application forms must be completed and returned to the scheduled facility's director NO LESS THAN one (1) week in advance of the proposed activity. Accommodation and approval cannot be guaranteed if applicant/sponsor does not adhere to these planning guidelines.

[Upon making verbal reservation of the facility, the applicant/sponsor must immediately contact the University contracted Food Service Catering Coordinator for required food service arrangements.]

2. Once the applicant/sponsor has returned both application forms, the "Application for Alcoholic Beverage Service" is reviewed by the director of the reserved facility and forwarded to the appropriate authorizing official(s), with a recommendation to approve or disapprove the application.

3. Once reviewed and approved by the proper authorizing official(s), the "Application for Alcoholic Beverage Service" is returned to the reserved facility's director.

4. The facility director will communicate approval or disapproval of the "Application for Alcoholic Beverage Service" to the applicant/sponsor.

5. If application is approved, applicant/sponsor must procure the appropriate alcoholic beverages. At least one (1) business day prior to the approved day of the event, the applicant/sponsor must contact the Food Service Catering Coordinator within normal business hours ( 8am-5pm) and arrange for their delivery of alcoholic beverages to food service catering.

To reserve an area of Ramsey Regional Activity Center call 227-7677

To reserve an area of Jordan-Phillips Fieldhouse call 227-7338

To reserve an area of Cordelia Camp Building call 227-7397

To reserve an area of Hinds University Center call 227-7206

To reserve an area of Madison Hall call 227-2002

To reserve the Bird Alumni House call 227-7103

BYOB Policy and Procedures for University Center Club (Illusions)

Policy and Procedures

SCOPE: This policy governs only those events held at the University Center Illusions Club at which persons of legal age may bring alcoholic beverages to the event. Such events will be called "BYOB events".

PURPOSE: The rationale behind the development of a BYOB policy for the University Center Illusions Club is:

1. To provide for members of the University community a place at which, responsible and legal consumption of alcoholic beverages may accompany participation in an on-campus social or entertainment event.

2. To respond to feedback from students that an absence of licensed establishments close to campus adversely affect the quality of student life

3. To reinforce commitment to responsible drinking by students of legal age who choose to drink

4. To provide a model for how to implement a responsible social event at which alcoholic beverages are present and to assist in changing the campus "social norm"

5. To reduce the incidence of students driving after consuming alcoholic beverages

6. To empower our students to develop, implement, and monitor a successful program to serve the social needs of our students

Western Carolina University prohibits the illegal use, and does not condone the irresponsible or abusive uses of alcoholic beverages. The University will enforce federal, state, and local laws, as well as its own alcohol policy.

A. Amounts and Types of Alcoholic Beverages

The amount of alcoholic beverage a person may bring to a BYOB event is four 12 oz. cans of beer or malt beverage or four 10 oz. containers of wine cooler. This amount has been determined as a result of current research related to college student drinking and common standards of practice.

B. Nonalcoholic Beverages and Food

Soft drinks and/or other nonalcoholic beverages must be available in the same location and be provided as promptly as the alcoholic beverages during the entire time alcoholic beverages are available. When alcoholic beverages are served, an appropriate amount of food must be prominently displayed and available during the entire event. The presence of food and nonalcoholic beverages will be in compliance with any appropriate provisions of the current University contract with a food service vendor.

C. Dispensing Alcoholic and Non-Alcoholic Beverages

All beverages at BYOB events must be dispensed by approved persons called "servers" that are trained by a TIPS certified trainer and are at least 18 years of age. The servers are employees of the University Center unless otherwise approved by the Director of the University Center.

D. Event Promotion

Promotional materials must mention that the event is "BYOB" and must mention the maximum amounts and types of alcoholic beverages allowed. However, events must not have the mere consumption of alcoholic beverages as their central theme. Events may not be cosponsored with alcoholic beverage companies. Advertising materials must comply with the Policy on Sales and Solicitations on Campus (University Policy #39).

E. Security

Normally, Police presence will be required at BYOB functions unless both the Director of the University Center and the Director of University Police approve an exception. Upon registration of a BYOB event by an organization, the Director of the University Center is responsible for notifying the Director of Police of the date, times, sponsoring organization and other event details necessary in determining appropriate police presence. The Director of the University Center will then make an initial recommendation regarding the necessary number of police personnel for a particular event. The Director of Police will either approve the recommendation or engage in discussion with the Director of the University Center until an agreement is reached. If the presence of police officers is required, the sponsoring organization and the University Center will share the cost at percentages determined by the Director of the University Center. The Director of the University Center may deny registration of any BYOB event if an organization fails to comply with a security requirement.

F. Policy Compliance

The organization sponsoring a BYOB event is responsible for policy compliance and is expected to have certain members designated to monitor compliance at the event. Failure to comply with all elements of this policy and procedure may result in the loss of the privilege to sponsor a BYOB event.

Specifically, the sponsoring organization is responsible for:

• Appropriately registering the event according to this policy.
• Ensuring compliance with all of the elements of this policy and procedure.
• Ensuring only individuals of legal age serve, possess, or consume alcohol and that intoxicated individuals are not served.
• Preventing any damage that could occur in a room or other areas as a result of the BYOB event.
• Assisting with cleaning the club after the event
• Controlling the size of the event and ensuring that attendance does not exceed maximum safety occupancy.
• Complying with all elements of the facility use agreement.

Any noncompliance with the above may result in charges of violation of the Code of Student Conduct for any and all student organizations involved.

G. BYOB Event Registration

Only University organizations may register for and sponsor a BYOB event. For the purpose of this policy, the term "University organizations" includes registered student organizations, university departments or offices, or any other unit of Western Carolina University. Events must be registered at the University Center Administrative Offices and must be approved by the University Center Director or his designee.

H. Procedures for Bringing, Storing and Serving Alcoholic Beverages

Beverage Check-in
Upon entering a BYOB event, wristbands will be issued only to those who are 21 years or older on the day of the event. A student must present a valid driver's license or state identification card to receive a wristband. Only those wearing a wristband are eligible to consume alcoholic beverages.

Once the wristband is issued, the beverages will be taken by a server and stored in a cooler. The person will be issued a beverage card with a number and the amount of beverage checked in. The person will present the card to the server to receive the beverage. The server will punch a hole in the card every time a drink is issued to the person. A number on the person's card will correspond with a number on the same person's wristband.

Any remaining beverage will be returned when a person leaves the event. A person may not leave the event with an open container of alcohol.

No person may bring alcoholic beverages more than once to the same event. Staff at the entrance will register each person to monitor reentries.

Registration of Guests
The University Center Club and this policy are primarily for use by individuals who are members of the University community (students, faculty and staff and their spouses or dependents). However, it is understood that members of the University community may wish to bring guests to a BYOB event. In such cases, the following rules apply:

• Only one guest may be admitted with a Western Carolina University student, faculty member or staff member.
• Guests must be at least 18 years of age to be admitted to a BYOB event.
• All guests must abide by all of the elements of this policy and procedure.
• Members of the University community are responsible for their guests. Privileges may be revoked from both the guest and the person bringing the guest.
• Guests must register upon entry to the event.

Responsibilities of the Servers
Servers must be approved, trained and certified by administrative staff of the University Center.

Note: The TIPS (Training for Intervention Procedures) training program is used by the University Center as a method to prevent and correct any misuse of alcohol. TIPS-trained servers learn to recognize potential problem situations and acquire the skills and confidence to intervene in a tactful manner to prevent problems such as underage drinking and drunk driving. Role-playing activities and a written exam are required to complete the training program.

A server is responsible for recommending that a person be removed from a BYOB event for the following reasons:

• Prohibited conduct as defined in the Code of Conduct
• Delivery of alcohol or wristbands to a person not of legal age
• Rowdy, disruptive or dangerous behavior
• Possession or consumption of alcoholic beverage by someone not of the legal age.

A server reserves the right to refuse service to anyone who appears to be intoxicated at any time during the event. A server will request assistance from the University Police in the event that someone will not voluntarily leave the BYOB event upon being asked. Those ejected from a BYOB event may face criminal charges, if appropriate, and may, if a student, face charges of violation of the Code of Student Conduct.

Event Staff
For every BYOB event, the Director of the University Center is responsible for ensuring that at least seven paid University Center staff members are present for the entire duration of the event. The BYOB staff includes, but is not limited to, the following positions:

• Club Manager-one (1)
• Door-Attendants-two (2)
• Walkers-two (2)
• Servers-minimum two (2), two per every one hundred anticipated guests.
• Position descriptions for those are available in the University Club Employee

Guidelines available in the University Center Administrative Offices.

All students should be familiar with alcoholic beverage laws of North Carolina. Copies are available in Hunter Library.

Procedure for using Alcoholic Beverages in academic classes

Application for Alcoholic Beverage Service

POLICY ON ILLEGAL DRUGS

I. Purpose

Western Carolina University is an academic community dedicated to the transmission and advancement of knowledge and understanding. The Board of Trustees 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. The illegal use of and trafficking in drugs can jeopardize the welfare of members of this academic community. Accordingly, in an effort to responsibly address such threats to the integrity of the academic environment, the Board of Trustees adopts this policy.

II. Applicable Policies, Practices, and Programs

A. Education, Prevention, Counseling, and Rehabilitation

1. Just as the primary purpose of Western Carolina is education, so also the university's major effort to address drug abuse should be educational in nature. The university shall maintain a comprehensive drug education program available to all members of the academic community (students, faculty, administration, and staff). The activities of the program shall be the responsibility of the Drug and Alcohol Education Task Force co-chaired by a member of the Student Affairs staff and a faculty member and composed of faculty, staff, and students. The Task Force shall develop and coordinate an ongoing program available to all members of the academic community that:

a. informs members of the academic community about the health hazards associated with drug abuse.

b. emphasizes the incompatibility of drug abuse and maximum achievement of personal and educational goals. c. encourages members of the campus community to make use of available campus and community counseling, medical, and rehabilitation resources in dealing with drug abuse problems.

d. informs members of the academic community that they also may be subject to criminal prosecution for violating state laws relating to the illegal use, possession, delivery, sale, manufacture, or creation of controlled substances.

2. WCU shall provide information about drug counseling and rehabilitation services to members of the university community, through campus-based programs for students and through community-based organizations for faculty, staff, and students. Persons who voluntarily avail themselves of university services shall be assured that applicable professional standards of confidentiality will be observed.

B. Enforcement and Penalties

1. Western Carolina University shall take all actions necessary, consistent with state and federal law and applicable university policy, to eliminate illegal drugs from the university community. The institutional policy on illegal drugs shall be publicized in catalogs and other relevant materials prepared for all enrolled and prospective students and in relevant 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 shall 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 shall be imposed by the university in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators, and other employees, and by regulations of the State Personnel Commission. (See drug effects/penalties chart)

4. The penalties to be imposed by the university shall 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.

III. Trafficking in Illegal Drugs

A. 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 90-90 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualine), any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.

B. For a first offense involving the illegal manufacture, sale, 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.

IV. Illegal Possession of Drugs

A. 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. (See note on page 8.)

B. For a first offense involving the illegal possession of any controlled substance identified in Schedules III through VI, N.C. General Statues 90-91 through 90-94, the minimum penalty shall 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. (See drug effects/penalties chart)

C. For second or 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.

V. 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, 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.

VI. Compliance with Federal Drug-Free Workplace Act of 1988 Pertaining to Employees

A. As a condition of employment, an employee must abide by the terms of this policy and must notify his immediate supervisor at Western Carolina University of any criminal drug conviction occurring in the workplace no later than five days after that conviction.

B. Western Carolina University will notify federal granting or contracting agencies within ten days after receiving notice that an employee directly engaged in a grant or contract has been convicted of a drug offense in the workplace.

C. Western Carolina University will impose sanctions and/or require satisfactory participation in drug abuse or rehabilitation programs by an employee convicted of a drug-related violation in the workplace no later than thirty days after notice of said conviction.

COUNSELING AND REHABILITATION FOR THOSE WITH A SUBSTANCE ABUSE PROBLEM

In addition to the Western Carolina University Counseling and Psychological Services Center which provides counseling services to students with a substance abuse problem, treatment programs in the area are Smoky Mountain Counseling Center (Haywood county), Mountain Youth Resources (Macon county), New Beginnings in Sylva, the North Carolina Alcohol and Drug Abuse Center in Black Mountain, Bridgeway in Brevard, Mission-St. Joseph's Hospital in Asheville, and Woodbridge in Clayton, Georgia. There are numerous Narcotics Anonymous group meetings both on campus and throughout the area. For information call 227-7469.