POLICY
STATEMENT #58
INTERFERENCE WITH UNIVERSITY
OPERATIONS
- Initially
approved by the Chancellor, November 6, 1981
- Revised
September 21, 1990
- Updated
October 13, 2009
Section
l. Policies Relating to Disruptive Conduct
The University
of North Carolina at Charlotte has long honored the
right of free discussion and expression, peaceful picketing
and demonstrations, the right to petition and peaceably
to assemble. That these rights are a part of the fabric
of this institution is not questioned. They must remain
secure. It is equally clear, however, that in a community
of learning willful disruption of the educational process,
destruction of property, and interference with the rights
of other members of the community cannot be tolerated.
Accordingly, it shall be policy of this University to
deal with any such disruption, destruction or interference
promptly and effectively, but also fairly and impartially
without regard to race, religion, sex, disability, or
political beliefs.
Section
2. Definition of Disruptive Conduct
(a) Any student,
or any employee of the University who is not
a faculty member subject to the provisions of Section
603 of The Code of The University of North Carolina
and Section
8 of the Tenure Policies,
Regulations, and Procedures of The University of
North Carolina at Charlotte, who, with the intent to
obstruct or disrupt any normal operation or function
of the University, engages, or incites others to engage,
in individual or collective conduct which destroys or
significantly damages any University property, or which
impairs or threatens impairment of the physical well-being
of any member of the University community, or which,
because of its violent, forceful, threatening or intimidating
nature or because it restrains freedom of lawful movement,
otherwise prevents any member of the University community
from conducting his normal activities within the University,
shall be subject to prompt and appropriate disciplinary
action, which may include suspension, expulsion, discharge
or dismissal from the University.
(b) The following,
while not intended to be exclusive, illustrate the offenses
encompassed herein, when done for the purpose of obstructing
or disrupting any normal operation or function of the
University: (l)
occupation of any University building or part thereof
with intent to deprive others of its normal use;
(2) blocking
the entrance or exit of any University building or corridor
or room therein with intent to deprive others of lawful
access to or from, or use of, said building or corridor
or room;
(3) setting
fire to or by any other means destroying or substantially
damaging any University building or property, or the
property of others on University premises;
(4) any possession
or display of, or attempt or threat to use, for any
unlawful purposes, any weapon, dangerous instrument,
explosive, or inflammable material in any University
building or on the University campus;
(5) prevention
of, or attempt to prevent by physical act, the attending,
convening, continuation or orderly conduct of any University
class or activity or of any lawful meeting or assembly
in any University building or on the University campus;
and
(6) blocking
normal pedestrian or vehicular traffic on or into the
University campus. (c)
Any person defined above in subsection (a) who fails or
refuses to carry out validly assigned duties, with the
intent to obstruct or disrupt any normal operation or
function of the University, shall be subject to prompt
and appropriate disciplinary action in accord with this
policy.
Section
3. Responsibilities of the Chancellor
(a) When
the Chancellor has cause to believe that any of the
provisions of this policy have been violated, he shall
forthwith investigate or cause to be investigated the
occurrence, and upon identification of the parties involved
shall promptly determine whether any charge is to be
made with respect thereto.
(b) If he
decides that a charge is to be made, he shall, within
thirty (30) days after he has information as to the
identity of the alleged perpetrator of the offense but
in no event more than twelve (12) months after the occurrence
of the alleged offense refer the case to the existing
disciplinary body appropriate to the alleged perpetrator's
student or employee status, and the procedural rules
of that disciplinary body shall be followed; provided
that no person subject to the provisions
of Section
603 of The Code of The University of North Carolina
and Section
8
of the Tenure Policies,
Regulations, and Procedures of The University of
North Carolina at Charlotte shall be subject to disciplinary
proceedings except in accordance with those provisions.
(c) The Chancellor,
unless so ordered or otherwise prevented by court, shall
not be precluded from carrying out his duties under
this policy by reason of any pending action in any State
or Federal Court. Should a delay occur in prosecuting
the charge against the accused because the accused or
witnesses necessary to a determination of the charge
are involved in State or Federal court actions, the
time limitations set forth above in this Section 3 shall
not apply.
(d) Conviction
or acquittal in any State or Federal court shall not
preclude the University or any of its officers from
exercising disciplinary action in any offense referred
to in this policy.
(e) Nothing
contained in this policy shall preclude the Chancellor
from taking any other steps, including injunctive relief
or other legal action, which he may deem advisable to
protect the safety and best interests of the University.
Section
4. Aggravated Acts or Threatened Repetition of Acts
(a) If, in
the judgment of the Chancellor after appropriate consultation,
there is clear and convincing evidence that a person
has committed any of the acts prohibited under this
policy which, because of the aggravated character or
probable repetition of such act or acts, necessitates
immediate action to protect the University from substantial
interference with any of its orderly operations or functions,
or to prevent threats to or acts which endanger life
or property, the Chancellor may forthwith suspend such
person from the University and bar him from the University
campus; provided, however, that in the event of such
suspension the person suspended shall be given written
notice of the reason for his suspension, either personally
or by registered mail addressed to his last known address,
and shall be afforded a prompt hearing, which, if requested,
shall be commenced within ten (10) days of the suspension.
Except for purposes of attending personally any hearings
conducted under this policy, the bar against the appearance
of the accused on the University campus shall remain
in effect until final judgment has been rendered in
his case and all appellate proceedings have been concluded,
unless such restriction is earlier lifted by written
notice from the Chancellor.
(b) In the
Chancellor's absence or inability to act, his designated
representative may exercise the powers of the Chancellor
specified in this Section 4 in the same manner and to
the same extent as could the Chancellor but for such
absence or inability to act.
Section
5. Right of Appeal
Any person
found guilty of violating the provisions of this policy
shall have such rights of appeal as are provided by
policies of the Board of Trustees of The University
of North Carolina at Charlotte, the Board
of Governors of The University of North Carolina,
The
Code of The University of North Carolina.
Section
6. No Amnesty
No administration
official, faculty member, or student of the University
shall have authority to grant amnesty or to make any
promise as to prosecution or non-prosecution to any
court, State or Federal, or before any student, faculty,
administrative, or Trustee committee to any person charged
with or suspected of violating Section 2(a) or (b) of
this policy.
Section
7. Publication
The provisions
of this policy shall be given wide dissemination in
such manner as the Chancellor may deem advisable.
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