The University protects freedom of expression, peaceful picketing and demonstration, and peaceable assembly. Deliberate destruction of property, threats or intimidation against others, or violence intended to disrupt normal University operations will not be tolerated. This policy describes the procedures for responding to such intentional obstruction or disruption, and describes the rights of persons charged with violations of the standard.
Section 1. 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
- 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.
- 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:
- occupation of any University building or part thereof with intent to deprive others of its normal use;
- 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;
- 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;
- 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;
- 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
- blocking normal pedestrian or vehicular traffic on or into the University campus.
- 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
- 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.
- 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 University Policy 102.13, 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.
- 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.
- 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.
- 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
- 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.
- 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, and the Code and Policies of the Board of Governors 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.
- Initially approved by the Board of Trustees, November 6, 1981
- Revised September 21, 1990
- Revised May 29, 1998 by the Board of Trustees
- Updated October 13, 2009