Institutional Policies

Campus-wide Policies

Alcohol and Other Drug Abuse Policy

Gardner-Webb is an alcohol and drug-free campus. This information is provided to all students, faculty and staff to provide a comprehensive overview of the health risks and legal implications related to alcohol and other drug use and to serve as a reference for on- and off-campus resources.

Philosophy
Gardner-Webb is a private, coeducational university with historic Baptist values located in North Carolina. Its purpose is to provide learning of distinction in the liberal arts and in professional studies within a caring community based on Christian principles and values. Students, faculty and staff are part of a community of learning, and Gardner-Webb seeks to prepare and encourage students to make meaningful contributions to the global community in which we live. To this end, the university strives to develop students intellectually, spiritually, socially and physically.

University Policies and Sanctions

The policies listed below apply to the Gardner-Webb campus and all university-sponsored events at off-campus locations. Administrators, alumni, faculty, guests, staff, and students must adhere to all applicable federal, state, and local laws and University regulations related to the sale and use of alcoholic beverages and drugs. Any person found in possession of felony drugs, or manufacturing or selling of alcoholic beverages or drugs on the university campus or at University-sponsored events will be referred to University Police for prosecution. Any student or employee convicted of violation of state and local law may be subject to suspension from the University.

Gardner-Webb University supports and is fully committed to the concept of a drug and alcohol-free campus community. In order to comply with the Drug-Free Schools and Communities Act Amendments of 1989, Gardner-Webb publishes the following and makes it available to each student and to all employees.

The unlawful manufacture, distribution, dispensing, possession or use of controlled substances such as, but not limited to, the following:

• Narcotics (heroin, morphine, etc.)
• Cannabis (marijuana, hashish, etc.)
• Synthetic Cannabinoids (Synthetic Marijuana)
• Stimulants (cocaine, diet pills, etc.)
• Depressants (tranquilizers, etc.)
• Hallucinogens (PCP, LSD, designer drugs, etc.)
• Designer (MDA, MDA-known as ecstasy, ice, etc.)

Gardner-Webb will impose disciplinary sanctions on students and employees who violate the terms of paragraph one. Upon conviction, the appropriate disciplinary action, up to and including expulsion from the University and/or satisfactory participation in a drug and alcohol abuse assistance or rehabilitation program approved for such purpose by a federal, state, or local health, law enforcement, or other appropriate agency will be taken. More specific penalties are outlined in the following publications: Gardner-Webb University Student Handbook, Gardner- Webb University Special Studies Bulletin, Gardner-Webb University Graduate Catalog and Gardner-Webb Personnel Policies Manual. Violations may also be referred to the appropriate civil authorities for prosecution under local, state, and federal law.

Local, state, and federal laws prohibit the unlawful possession, and distribution of illicit drugs and alcohol. The applicable legal sanctions for various offenses are listed in the North Carolina Criminal Law and Procedure book, and a reference copy is maintained in the University Police Office. A booklet describing the health risks associated with the illicit drugs and abuse of alcohol is made available to all students and employees. Additional information and individual counseling is available through the University’s Counseling Center in Tucker Student Center. If necessary and at the student/employee’s expense, referral can be made to an outside agency. Violation of subsection (a1) of this section shall be an infraction and shall not be considered a moving violation for purposes of G.S.20-16 (c), the law prohibiting passengers in a motor vehicle from possessing an open container of alcoholic beverage in the passenger area of a motor vehicle.

Resources and Student Assistance
Dimensions is a weekly series of programs designed to enhance the spiritual, intellectual and cultural life of the University and Gardner-Webb is a community and all members of the community are responsible for maintaining order and discipline on the University campus. The Student Development Division serves the primary role of coordination and implementation of Gardner-Webb University’s substance abuse policy. The division’s position emphasizes the early identification and intervention into substance abuse problems experienced by persons.

Information
The Counseling Center provides current information on alcohol and other drugs, including topics of addiction, self-assessment and help, consequences of drug use, and drug facts. Counselors are available for consultation with any person. The Office of Housing and Residence Education provides programs on topics of health care, to include alcohol use and abuse, throughout the year.

This information is made available through brochures, journals, books, videos and cassette tapes, posters and newsletters to faculty/staff and students. High-traffic areas of the campus will be provided with handout materials related to substance use and its consequences.

Education/Programming
Educational experiences are offered by key areas within the University. These experiences include:

• Alcohol Awareness Week—a week in October is set aside to focus on substance use and abuse. Offerings to the general campus population and special groups are also provided.
• A program is in place and designed to assist students who have been found in violation of the University’s policies involving alcohol and other drugs. The purpose of the program is to provide students with an alcohol and drug assessment, to provide information about alcohol and other drugs, an opportunity to focus on issues that will help you prevent future violations and counseling and/or treatment referrals. This program is provided through a group experience of five sessions.
• Presentation of videos, films, and invited speakers on issues of substance use and abuse. These will be provided each semester for students and periodically at faculty and staff meetings as requested.

Counseling/Referral
Service-learning is an active learning practice that connects the work in the classroom directly to the needs of the community. The University maintains close affiliation with Partners Behavioral Health and Atrium Health, where persons may be referred for assessment and/or treatment. In addition, referrals may be made to local providers.

PHONE NUMBERS
GWU Counseling Center	(704) 406-4563
GWU Housing and Residence Education	(704) 406-4300
GWU University Police	(800) 418-2065 (704) 444-2400
Pathways	(704) 476-4052 (800) 898-5898
Mental Health Association of Cleveland County	(704) 481-8637

Self-Help Resources
Alcoholics Anonymous / Adult Children of Alcoholics / Al-Anon
AA is an informal international fellowship of people who join because they cannot control their use of alcohol. Their purpose is to stay sober and help others who want to achieve sobriety. They do not actively recruit new members, but newcomers are always welcome. They meet and talk about their alcohol problems and how to stay sober. Al-Anon is a fellowship that offers support for family and friends of alcoholics whether the alcoholic wants help or even admits he or she has a drinking problem. Comfort and understanding is given through a mutual exchange of experiences, strength and hope. Phone: (704) 484-1000.

Classroom Conduct Policy

Students are expected to conduct themselves in a manner that does not distract from or disrupt the educational pursuits of others. Should an instructor determine that a student’s conduct is distracting or disruptive to the educational environment in the classroom, the instructor may request the disruptive student to leave the class immediately. Such students may not return to the classroom until they have met with the instructor and offered assurances that they can conduct themselves in an appropriate manner. The instructor reserves the right to inform the Dean of Students. If the student is dismissed from the class permanently because of disruptive behavior or other violations of the Code of Student Conduct, the student’s final grade will follow the grading period for a “W” or a “WP/WF,” depending on the date of the dismissal.

In the event a student refuses to remove him/herself upon request, the instructor should contact University Police immediately. A University Police Officer will then escort the disruptive student to the Office of the Vice President of Student Development or Dean of Students for possible disciplinary action. In the event a student refuses to remove him/herself upon request, the instructor should contact University Police immediately. A University Police Officer will then escort the disruptive student to the Office of the Vice President of Student Development or Dean of Students for possible disciplinary action.

Campus Posting Policy

The Gardner-Webb University Posting Policy has been designed to keep the campus buildings clean and in good condition. For the purposes of this policy, a poster is defined as any form of print publicity, with no regard to size, shape, or content that is in a public area. There are certain regulations to which students must adhere when posting posters on campus.

All posters must be approved and stamped before posting occurs on campus. The Assistant Dean of Student Engagement or his or her designee, is responsible for reviewing and either approving or rejecting all proposed posters, with the exception of all posters for department sponsored events. Before posting items on campus, students should review the complete posting policy below. Please send flyers/posters to [email protected] or stop by the Office of Student Engagement (1^st floor, Tucker Student Center) for approval. Once approved all posters must be placed on approved locations.

Poster Guidelines

• Publicity must not be abusive or in any way contribute to or encourage the creation of a hostile environment within the Gardner-Webb University Community. References to or depiction of the consumption of alcoholic beverages are prohibited. Publicity may not promote the violation of University policy or local, state, or federal law.
• The sponsors’ name(s) must be prominently displayed on the advertisement.
• No posting will be permitted on walls, windows, doors, trash receptacles, and elevators. Exceptions to this may be made for University departments and may be made by the Office of Student Engagement. Postings will be taken down if they are noticed on any of the above surfaces.
• Students, faculty and staff are able to use the windows of the Student Center to publicize an event or program. Paint can be borrowed from the Office of Student Engagement and Leadership Development and all content must be approved by the Associate Director of Student Engagement.

Banners

• Banner Dimensions – No taller than 4’ and no longer than 8’.
• Banners must include a contact email address.
• All banners must be professionally printed. Banners may be printed on or off campus. On campus banners may be printed in the Dover Library (fees apply).
• Paper banners must be laminated, which can be done in the Dover Library.
• All banner designs need to be approved by your club advisor before being sent to Micah Martin for final approval before printing. Email banner designs for approval to [email protected]
• Once printed, banners need to be brought to the Student Engagement suite in the Tucker Student Center to be hung by the Student Government Association.

Sidewalk Chalk Policy

Students, faculty and staff may us washable chalk to create promotional messages on approved exterior surfaces of the Gardner-Webb University campus. Chalk messages must be on horizontal sidewalk surfaces. Any group or individual that writes a chalk message that requires pressure washing to remove will be charged appropriately for its removal. Chalk messages must adhere to the Posting Policy guidelines in terms of content allowed.

Approved Posting Locations

Library:
First floor- Outside the study room

Suttle Wellness Center:
Small bulletin board in lobby. (see Suttle Wellness Center Staff)

LYCC:
Main floor- On the wall as you start to go downstairs

Tucker Student Center:
1st Floor- Across from the mailboxes.
1st Floor- Across from the elevator.
2nd Floor- Wall across from the elevator.
2nd Floor – Entrance bathroom wall.
3rd Floor – Wall across from the elevator.
3rd Floor – Wall outside the bathrooms behind computer desk.

Withrow:
First floor- Wall across the water fountain

Craig:
Main floor- Main door entrance on the right side of the wall.

O. Max Gardner Hall:
Main floor- Straight in the main entrance on the student materials board.

Hamrick:
Bottom floor all along the walls (6 in total).

Elliott:
First floor- first door entrance across from the bathroom
Second floor- outside the one classroom.
Third floor- Wall outside the computer lab.

Lindsay:
First floor- Main entrance and down the stairs beside the faculty bathroom labeled announcements board
Second floor- Up the main entrance stairs through the door of Lindsay hall and on the right side of the wall.

DCC:
Outside of the Caf doors on the right side of the wall.

Residence Halls:
Please contact the Director of Housing and Residence Education for Approval

Approved Sidewalk Chalk Locations

Tucker Student Center
Front Entrance – Outside of Covered Entryway
Back Terrace – Patio area outside of covered area

Dover Campus Center
Concrete area around facility. No chalk on brick pavers or under covered entryways.

Suttle Wellness Center
Sidewalk area outside of covered awning

Residence Halls
Please contact the Director of Housing and Residence Education for Approval

Drone Policy

Unmanned Aerial/Aircraft Systems (UAS), or “drones,” have emerged as a new technology of interest for hobbyists, commercial purposes, and educational purposes. This policy will offer guidance regarding the type of drone operations acceptable and processes for requesting permission to operate drones on Gardner-Webb University property.

Federal and State Regulations
All operations and use of drones on the Gardner-Webb University property must be in compliance with Federal Aviation Administration and North Carolina Department of Transportation regulations.

Federal Aviation Administration Requirements
There are two options to fly your drone legally. Each option has different requirements depending on how you want to fly.

North Carolina Department of Transportation Guidelines
Recreational drone operators are not required to obtain a license or permit from the Division of Aviation. However, recreational users are subject to NC USA rules and regulations. A permit is required for commercial & government drone operations in North Carolina. Passing the UAS Knowledge Test is a requirement for obtaining a permit. To begin the Division of Aviation permit process please visit ncdot.gov/divisions/aviation.

Emotional Support Animal Policy

I. Specialized Terms and Definitions

1. Emotional Support Animal: An animal prescribed to an individual with a disability by a medical provider that is familiar with the individual to help alleviate symptoms associated with a person’s diagnosed disability. An emotional support animal does not require specific training. (An emotional support animal is also sometimes referred to as a “comfort animal”). An emotional support animal is not a pet or a service animal.
2. Student/Owner/Handler: A student who has been approved by the appropriate departments to have an emotional support animal in Housing and Residence Education Facilities. Student/Owner/Handler will be referred to as Student from this point forward in this policy.
3. Service Animal: Under the American Disability Act/Amendment Act, a Service Animal is defined as a dog that has been individually trained to do work or perform a specific task(s) for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The task(s) performed by the dog must be directly related to the person’s disability. Service animals are not covered by this policy.
4. Pets: Any animal that does not qualify as either an emotional support animal or service animal and has commonly been kept as a pet in households, such as dogs, cats, guinea pigs, rabbits, and hamsters. This term excludes exotic/wild animals.
5. Fair Housing Act: The Fair Housing Act prohibits discrimination on the basis of disability for all types of housing transactions, including housing owned by the University.
6. Reasonable Accommodation under the Fair Housing Act: A change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have equal opportunity to use and enjoy a dwelling, including public and common use spaces.
7. Disability: A physical or mental impairment that substantially limits one or more major life activities.

II. An emotional support animal may not reside in Housing and Residence Education Facilities without the approval of authorized University Officials as outlined in this Policy and as required under the Federal Fair Housing Act.

III. A student requesting permission to have an emotional support animal in his or her on-campus housing must provide the NOEL Center for Disability Resources with appropriate documentation 60 days prior to the start of the semester in which they are enrolling to ensure sufficient time to review all pertinent information. Student requests may be accepted and reviewed after this date, but Gardner-Webb University cannot guarantee that it will be able to meet late applicants’ accommodation needs, including any needs that develop throughout the semester.

IV. Some websites sell certificates, registrations, and licensing documents for emotional support animals to anyone who answers certain questions or participates in a short interview and pays a fee. Such documentation from the internet is not, by itself, sufficient to establish that an individual has a disability-related need for an emotional support/comfort animal.

V. The NOEL Center for Disability Resources requires such advance notice in order to gather, review, and verify the necessary documentation, which includes but is not limited to:  verification of a disability, the determination of any conflicting conditions or disabilities in the immediate vicinity where the animal will be housed, and verification of all vaccinations and the health of the animal including all the necessary licensing. If documentation is immediately available, the time for the determination process may be shortened. Emotional support animals are not restricted to dogs or cats. However, wild/exotic animals or undomesticated animals that pose a greater risk of attack or transmission of illness may be denied based on individual evaluation.

VI. Documentation of the need for an emotional support/comfort animal shall include a signed letter, on professional letterhead, from an approved medical provider. The provider or therapist shall be familiar with the professional literature concerning the assistive and/or therapeutic benefits of emotional support/comfort animals for people with disabilities. At a minimum, the letter should include the following items:

1. Duration of relationship with medical provider.
2. Treatment Plan.
3. The provider’s diagnosis of the person’s condition.
4. A clear description of the current impact and functional limitations resulting from the disability.
5. The provider’s confirmation that the emotional support/comfort animal has been prescribed for treatment purposes and is necessary to help alleviate symptoms associated with the person’s condition.
6. The provider’s description of the service(s) that the animal will provide.
7. All supporting documentation must be current (no older than 6 months).
8. Any additional rationale or statement the University may reasonably need to understand the basis for the professional opinion.
9. Please see the Documentation Requirements Form that must be provided to an approved medical provider for additional information.

VII. The NOEL Center for Disability Resources Staff will review documentation, and engage in an interactive dialogue with the student to determine if a qualifying disability exists. The NOEL Center Staff will also determine whether an emotional support animal is a reasonable accommodation. NOEL Center Staff will notify Housing and Residence Education if it is determined that the animal is a reasonable accommodation. Appropriate Housing and Residence Education Staff will then follow up with the student, and schedule a meeting to review next steps. This policy will be carefully reviewed with the student at the time of the meeting.

VIII. The NOEL Center for Disability Resources may require updated medical documentation at any time if determined appropriate and/or necessary.

IX. The effect on others in Housing and Residence Education Facilities must be considered, including the potential effect on individuals with allergies to animal hair or dander, as well as the willingness of roommates and floor mates to share their residential community with an animal. Depending on such considerations alternative housing assignments for the Student may need to be considered.

X. If approved, the Student shall be responsible for any and all losses, liability, expenses, claims, costs, suits and damages of every kind (including damage to Housing and Residence Educations Facilities), nature and description arising from any property damage or personal injury caused by an emotional support/comfort animal. The Student will have to sign documentation acknowledging such. Subject to this policy, an approval is typically valid for one academic year (including summer).

XI. The Student is required to maintain accurate and up-to-date vaccination records on file with the NOEL Center for Disability Resources.

XII. If approved, the emotional support/comfort animal cannot remain in Housing and Residence Education Facilities when the Student will be leaving Campus for extended periods including but not limited to:  single nights away from campus, weekend trips, campus breaks, and/or campus holidays. Failure to adhere to this stipulation may result in the removal of the animal. The animal cannot be left in the care of other residential students in the residential facilities while the Student is away from Campus.

XIII. Care for Emotional Support/Comfort Animals

1. All emotional support/comfort animals brought into Housing and Residence Education Facilities and grounds must be under the control of the Student at all times. Additionally, all emotional support/comfort animals must be crated within the Student’s assigned room when the Student is not in the room with the animal. Campus Services, including but not limited to Housing and Residence Education Staff, Student Development Staff, and University Plant Operations Staff will be aware of any rooms that contain an emotional support/comfort animal. Plant Operations Staff will have the right to refrain from processing work orders without the resident present in an effort to ensure the safety of University Personnel.
2. The Student is responsible for immediately and appropriately disposing of fecal matter and/or other animal waste deposited in Housing and Residence Education Facilities and/or University Grounds by an approved Emotional Support/Comfort Animal. The burden is on the student owner/handler to arrange for removal of animal fecal matter and/or other waste if he or she is personally unable to perform the task. Indoor animal waste, such as cat litter, must be placed in a sturdy plastic bag and securely tied up before being disposed of in outside trash receptacles. Litter boxes should be placed on mats so that waste is not tracked onto flooring surfaces.
3. The Student is responsible for the animal’s well-being including, but not limited to: regular feeding, watering, bathing, grooming, daily care and veterinary services.
4. In accordance with local ordinances and regulations the animal must be immunized against diseases common to that type of animal. Dogs and cats must have current vaccination against rabies and wear a rabies vaccination tag, with supporting documentation submitted annually.
5. Gardner-Webb University may place other reasonable conditions or restrictions on the animals depending on the nature and characteristics of the animal.

XIV. Responsibilities to Housing and Residence Education Facilities

1. The Student is responsible for assuring that the emotional support/comfort animal does not unduly interfere with the routine activities of the residential facility or cause undue inconvenience for students who reside there.
2. The Student is financially responsible for the actions of the emotional support/comfort animal including bodily injury or property damage. The student’s responsibility includes but is not limited to: replacement of furniture, carpet, window, wall covering, and the like. The student/owner handler is expected to cover these costs at the time of repair and/or housing check-out.
3. The Student is responsible for making sure that the emotional support/comfort animal does not disrupt the residential community or the roommate/suitemates living situation.
4. The Student must properly secure the emotional support/comfort animal in a crate/cage when they are away from their room for class, meals, and campus activities.
5. The Student is responsible for any expenses incurred for cleaning above and beyond a standard cleaning or for repairs to Housing and Residence Education Facilities that are assessed after the Student and animal vacate the residence. Housing and Residence Education shall have the right to bill the Student’s student account for unmet obligations.
6. The Student’s residence may be inspected for fleas, ticks, and other pests once per semester, or as determined necessary to ensure the safety and wellbeing of all residents and the emotional support/comfort animal. All inspections will be scheduled at least 24 hours in advance. If fleas, ticks, or other pests are detected through inspection, the impacted and surrounding units will be treated using an approved treatment method by a University-approved pest control services. The Student will be billed for the expense of any pest treatment above and beyond standard pest management in residential facilities.
7. Should the emotional support/comfort animal be removed from the premises for any reason, the Student is expected to fulfill his/her housing obligations within the parameters of the housing agreement and the Gardner-Webb University Student Handbook.

XV.   Removal of Approved Emotional Support/Comfort Animal

1. The University may remove or require the removal of any animal that poses a direct threat to the health or safety of others, is not housebroken, does not have up-to-date health records, or otherwise disrupts the educational environment of the University and/or its Housing and Residence Education Facilities. Emotional support/comfort animals must not interfere with the educational opportunities of other residents within the Housing and Residence Education Facilities.
2. Animals found tethered, unattended, or abandoned may be humanely impounded in accordance with applicable laws and regulations. Animals that are tethered, unattended, or abandoned on campus should be reported to the University Police or Housing and Residence Education.
3. If any aspect or circumstance of the condition, health, or behavior of any animal on campus, including in Housing and Residence Education Facilities, is deemed by the University to be a threat to the health or safety of any member of the campus community or to any other animal, then that animal may be removed from campus in any manner deemed necessary by University officials. Animals on campus whose condition, adversely impacts the health or safety of any member of the campus community or to any other animal should be reported to the University Police.
4. The Student does not comply with their responsibilities in Housing and Residence Education Facilities as referenced in the emotional support animal policy.
5. The animal assists the Student in violating policies identified in the Gardner-Webb University Student Handbook, and/or the Housing Contract Agreement signed by the Student when they apply for student housing at Gardner-Webb University.

XVI. Disciplinary Action Appeals involving Emotional Support Animals

1. Procedures identified in the Gardner-Webb University Student Handbook will be used to review appeals submitted concerning disciplinary action taken associated with their emotional support animal.
2. Please refer to the appeals process in the Gardner-Webb University Student Handbook to review appeal procedures.

XVII. Policy Modifications/Addendums

1. Gardner-Webb University reserves the right to update/revise/modify this policy at any time without prior notice to students.

Free Exchange of Ideas and Freedom of Inquiry Policy

Gardner Webb University celebrates and facilitates a campus environment for students and student organizations that is conducive to the free and orderly exchange of ideas and the freedom of inquiry. These principles, exercised in a responsible manner, are indispensable to the student experience. We value and honor diverse perspectives and believe it essential that students have the opportunity to engage in peaceful and orderly gatherings to express their views on the issues of the day. This policy is structured to facilitate those educational pursuits; to preserve order within the university campus; to protect and preserve university property; and to provide an environment for students to express their views while at the same time providing other students with the opportunity to express differing views.

To ensure that students and student organizations who are enjoying the benefits of this policy conduct themselves in an orderly manner that is consistent with the mission and ideals of Gardner-Webb University and its emphasis on respect for others, the following additional provisions apply:

• Students and student organizations must seek and receive approval from the Dean of Students for speeches, marches, demonstrations, and similar gatherings (“events”) at least 3 business days prior to the event.
• Advance notification must include the day, time, and location where the event is expected to take place, as well as the full name and detailed contact information for the primary organizer and/or student organization responsible for the event.
• The Dean of Students may require additional information prior to providing authorization, including, but not limited to, the expected subject matter of the event, location, groups and persons involved in sponsoring the event, estimated crowd size, placement of signage, and expected participants. The Dean may require that liability insurance be in place for purposes of the event. Consistent with the principles set forth in the policy, the Dean may require modifications to the event or deny permission.
• Events must be conducted in a manner that is free of violence or threats of violence, intimidation, defamation, incitement to violence, unlawful conduct, obscenity, harassment, bullying or trespass.
• Events must not obstruct, frustrate or delay vehicular or pedestrian traffic or block ingress to or egress from campus facilities, whether outdoor or indoor. Events may not interfere with educational or administrative activities, ceremonies, or other events, whether inside or outside of campus buildings. Local, state, and federal laws and regulations — as well as Gardner-Webb University standards of student conduct — must be observed and followed.

It shall be a violation of this policy for any person or group of persons to attempt to interfere with, “shout down,” or impede any event that is being conducted in compliance with this policy. Events that are conducted in violation of this policy may be shut down, moved, or modified in order to achieve compliance. All written materials, including, but not limited to, flyers, posters, notices, and banners must be pre-approved by the Office of Student Activities prior to posting or distribution.   Please refer to the policy on Campus Postings in this handbook. Recognized student organizations with a social media presence must abide by the University’s Social Media Guidelines.

Identification Card Policy

1. Every student is required to have their official University Identification Card (ID Card) in their possession any time they are on University property.
2. ID Cards are used to help distinguish students from guests or unauthorized visitors on campus.
3. Students are required to present their ID card upon request by any University official and/or student worker, including Resident Advisors.
4. Failure to identify oneself or misuse of the ID card will result in a student being charged with participating in a prohibited behavior.
5. The ID card is to be used only by the student to whom it was issued. It must not be borrowed or loaned to anyone else. Violation of this policy is considered a campus code violation by both parties.
6. ID cards may be obtained from the University Police Office located in the Poston Center. There is no charge for the initial ID card; however, replacements can be purchased for $10. There is a $5 replacement fee for damaged cards. A portion of the damaged card must be submitted for it to be considered damaged.

Intellectual Property Policy

I. Purpose
The purpose of the Intellectual Property Policy (“policy”) of Gardner-Webb University (“the University”) is to foster an environment that encourages the generation of new knowledge by faculty, staff, and students; to help facilitate transfer of useful inventions and writings to society; and to motivate the development and dissemination of intellectual property.

The policy is based upon the following principles relating to faculty, staff and students to the University:

1. Intellectual property is created by individuals, or by groups of individuals, who are entitled to choose the course of disclosure.
2. There exists a historical tradition allowing authors to retain ownership of intellectual property rights from textbooks and works of art.
3. The University is the support of the whole campus community, and is thereby entitled to share in financial rewards.

II. Definitions
As used in this policy, the following definitions will apply:

1. Intellectual Property includes any patentable invention, any copyrightable subject matter, or trade secret. It also includes works of art, and inventions or creations that might normally be developed on a proprietary basis.
2. University means Gardner-Webb University.
3. Student means any full-time or part-time graduate or undergraduate student, regardless of whether the student receives financial aid from the University or from outside sources. It is the responsibility of students who are also employees of other outside entities to resolve any conflicts between this policy and provisions of agreements with their employers prior to beginning any undertaking at the University that will involve the development of intellectual property.
4. Faculty means members of the University’s faculty as defined in the Faculty Handbook, plus instructors, special faculty appointments, and part-time faculty.
5. Staff means any employee of the University other than students and faculty as defined above. If a student is also a part-time University employee, the student is considered as staff with regard to intellectual property developed as a result of his employment, and as a student with regard to other intellectual property. A full-time non-faculty employee who is also taking one or more courses is considered to be staff. Visitors to the University who make substantial use of University resources are considered as staff with respect to any intellectual property arising from such use.
6. Creator means any person or persons who create an item of intellectual property.
7. Net proceeds to the University mean all proceeds received by the University on intellectual property that it assigns, sells or licenses, minus any application, litigation, interference, or marketing costs directly attributable to the intellectual property being licensed.
8. Net proceeds to the creator mean all proceeds received by the creator from intellectual property owned by the creator that the creator sells, assigns or licenses, less the costs of application, legal protection, or litigation, interference, travel and other marketing costs directly attributable to the intellectual property being exploited. Such net proceeds do not include compensation legitimately received by the creator for consulting services or interest or other return on invested labor or capital.
9. Substantial use of University facilities means extensive un-reimbursed use of major University laboratory, studio or computational facilities, or human resources. The use of these facilities must be important to the creation of the intellectual property; merely incidental use of a facility does not constitute substantial use, nor does extensive use of a facility commonly available to all faculty or professional staff (such as libraries and offices), nor does extensive use of a specialized facility for routine tasks. Use will be considered “extensive” and facilities will be considered “major” if similar use of similar facilities would cost the creator more than $1,000.00 if purchased or leased in the public market. Creators wishing to directly reimburse the University for the use of its facilities must make arrangements to do so before the level of facilities usage for a particular intellectual property becomes substantial. (This provision is not intended to override any other department or University policy concerning reimbursement for facilities usage.)
10. Online Courses. An online course refers to an academic course or a portion of an academic course that is delivered through electronic means, typically through a learning management system like Blackboard. In the context of intellectual property, the online course refers to all aspects of the course produced by the creator, as distinct from those portions of the course that are provided by the learning management system or are part of the electronic delivery of the course, which typically are made available to the institution and the creator through licensing. Components of the online course produced by the creator may include, but are not limited to, lectures, videos, graphics, bibliographies (or webliographies), learning outcomes and course outlines.

III. Ownership Provisions and Procedures
In order of precedence, and unless otherwise provided by law, ownership of intellectual property shall be as follows:

• Externally Sponsored Work.
  1. Intellectual property created as a result of work conducted under an agreement between an external sponsor and the University that specifies the ownership of such intellectual property shall be owned as specified in said agreement.
  2. The Provost of the University will inform each person whose intellectual property rights are limited by an externally sponsored contract of the intellectual property provisions of that contract in advance of the beginning of the work.
• Internally Sponsored Work
  1. When the University provides funds or facilities for a particular project to the extent of substantial use, it may also choose to designate itself as sponsor of that work, subject to the provisions of Paragraph 4.F. The University may declare itself the owner of intellectual property resulting from the work. In such cases the University must specify in advance the disposition of any intellectual property rights arising from the project.
  2. The Provost of the University will inform each person whose intellectual property rights are limited by internally sponsored work of the intellectual property ownership rights specified by the University as to that work in advance of the beginning of the work.
• Individual Agreements
  1. Provisions: Intellectual property which is the subject of a specific agreement between the University and the creator(s) thereof shall be owned as provided in said agreement. Such agreements by the University and the faculty are encouraged.
  2. Except where limited by external sponsorship agreements, creators and the University may negotiate individual agreements to govern ownership of intellectual property regardless of the applicability of any other provision of this policy.
• Intellectual Property Created Within Scope of Employment
  1. Intellectual property created by University employees who were employed specifically to produce a particular intellectual property shall be owned by the University if said intellectual property was created within the normal scope of their employment.

IV. Other Ownership Provisions
Where no other provisions of this policy apply, ownership of intellectual property created at the University shall be determined as follows:

• The creator retains all rights to the following types of intellectual property, without limitation: books (including textbooks), educational courseware and software, articles, non-fiction, novels, poems, musical works, dramatic works including any accompanying music, pantomimes and choreographic works, pictorial, graphic and sculptural works, motion pictures and other similar audio-visual works, and sound recordings, regardless of the level of use of University facilities. This provision does not include computer software (other than educational courseware) or databases.
• Computer software, other than educational software, and databases are characterized by their capacity to perform tasks. Because of their utilitarian nature, ownership rights with respect thereto are governed by Paragraphs 4.D and 4.E below.
• The creator owns all intellectual property created without substantial use of University facilities, including intellectual property rights in computer software and databases.
• The creator owns all intellectual property contained within an online course produced by the creator, consistent with paragraph A-C above. The University retains shared ownership of course titles, course descriptions, course outlines, and learning outcomes and may reuse, revise or assign these objects without acquiring the permission of the creator.
• The creator originally owns intellectual property created with substantial use of University facilities or with University funding, but no external or internal sponsorship, and retains said ownership of said property subject to the following:
  1. The University shall receive 25% of the net proceeds to the creator above $1,000.00; and
  2. The University shall receive a perpetual, non-exclusive, non-transferable, royalty free license for non-commercial use of said intellectual property. In the case of software, this license includes access by specified University personnel to the source listings, and the University shall require each person to whom a disclosure is made to execute in advance a binding confidentiality agreement in favor of and enforceable by the creator. If the intellectual property is created solely by a student or students, the creator is exempt from the obligation to pay to the University a fraction of his net proceeds, but not from the provision of this paragraph for a non-exclusive license to the University.
  3. If the creator develops an intellectual property that is covered by this provision, the creator must make full and fair disclosure to the University of all such sources of compensation relating to that intellectual property.
• The University originally owns intellectual property created with substantial use of University facilities and directly arising from work sponsored under an agreement between an external sponsor and the University, or from work for which the University has declared itself a sponsor, but for which neither the external sponsor nor the University have specified the ownership of resulting intellectual property, in which case the creator shall receive 50% of the net proceeds to the University.
• No faculty or staff of the University shall take from a student personal assignment of intellectual property created by a student. The intellectual property rights of students are governed by this policy, and it is the duty of University faculty and staff to see that the intellectual property rights of students are protected in accordance with this policy.

V. General Provisions

1. The creator of any intellectual property that is or might be owned by the University under this policy is required to make reasonably prompt written disclosure of the work to the University’s Provost, and to execute any document deemed necessary to perfect legal rights in the University and enable the University to file patent applications and applications for copyright registration when appropriate. This disclosure to the provost should be made at the time when legal protection for the creation is contemplated, and it must be made before the intellectual property is sold, used for profit, or disclosed to the public. Whenever legal protection for intellectual property is anticipated, all persons engaged in such creative activity are encouraged to keep regular records.
2. The University’s share of any proceeds under this policy will be used to reimburse the University for its expenses for commercial development of intellectual property. Any additional return to the University will be used to further the academic purposes of all the disciplines of the entire University.

VI. Resolution of Disputes

• This policy constitutes an understanding which is binding on the University and on the faculty, staff, and students as a condition for participating in research programs at the University or for the use of University funds or facilities.
• Any question of interpretation or claim arising out of or relating to this policy, or dispute as to ownership rights of intellectual property under this policy, will be settled by the following procedure:
  1. The issue must first be submitted to the Institutional Review Board in the form of a letter setting forth the grievance or issue to be resolved. The Institutional Review Board will review the matter and then advise the parties of its decision within 60 days of submission of the letter.
  2. If any of the parties to the dispute are not satisfied with the committee’s decision, the party may seek binding arbitration in Charlotte, North Carolina, and in accordance with the Rules of the American Arbitration Association then in effect. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) will give some weight to the decision of the Institutional Review Board in reaching a decision. The losing party of the arbitration hearing will pay for all costs of the arbitration unless the arbitrator(s) specifies otherwise.

Medical Amnesty Policy

Students are encouraged to exercise their ethical responsibility to assist others who are in need, especially in emergency situations. Gardner-Webb University encourages students to seek immediate assistance for themselves or others whenever there is a concern about extreme intoxication, alcohol poisoning, or an individual has been a victim of a crime (including but not limited to physical or sexual assault, theft, vandalism). When seeking medical attention, the first response is to contact 911. When seeking assistance, give your name and remain with the student in need until help arrives.

Formal student conduct disciplinary action for a violation of the alcohol misuse policies will not be taken under the following circumstances:

• A student who has consumed alcohol and seeks assistance from a University official or emergency personnel on their own behalf;
• A student who consumed alcohol and receives assistance, as a result of other student(s) seeking this assistance on their behalf, from a University official or emergency personnel;
• Student(s) who consumed alcohol and who seek assistance from a University official or emergency personnel on behalf of another student who has consumed alcohol and who remain on the scene to provide support;
• A student who consumed alcohol and was the victim of a crime (including but not limited to physical or sexual assault, theft, vandalism) who seeks assistance from a University official or emergency personnel on their own behalf and student(s) who seek assistance on behalf of the victim;

Missing Student Policy

In compliance with the Missing Student Procedures 20 USC 1092 (j) Section 488 of the Higher Education Opportunity Act of 2008, it is the policy of Gardner-Webb University to investigate any report of a missing student who resides on campus at the University. Gardner-Webb University takes student safety very seriously. To this end, the following policy and procedure has been established to assist in locating Gardner-Webb students living in University owned on-campus housing who, based on the facts and circumstances known to Gardner Webb, the University has determined to be missing.

Student Emergency Contact Form
Users of University technological resources, systems, and/or networks are responsible for what they do on the network. Any At the beginning of each academic year, Gardner-Webb will inform students residing in on-campus housing that the University will notify either a parent or an individual selected by the student not later than 24 hours after the time the student is determined to be missing. This information will include the following:

• Students have the option of identifying an individual to be contacted by Gardner-Webb personnel not later than 24 hours after the time
  the student has been determined to be missing. Students can register this confidential contact information through the Housing and Residence Education office.
• If the student is under 18 years of age, and not an emancipated individual, Gardner-Webb is required to notify a custodial parent or
  guardian not later than 24 hours after the time that the student is determined to be missing.
• Gardner-Webb will notify the appropriate law enforcement agency not later than 24 hours after the time that the student is determined to be missing.
• If Gardner-Webb University Police or law enforcement personnel has been notified and decides that a student who is the
  subject of a missing person report has been missing for more than 24 hours and has not returned to campus, Gardner-Webb will initiate the emergency contact procedures in accordance with the student’s designation.

     The University will follow the following notification procedure for a missing student who resides in on-campus housing:

• Once the University receives a missing student report via the Dean’s Office, University Police, Housing Office or other source, the following offices will be notified:
  • University Police
  • Undergraduate/Graduate Dean’s Office
  • Housing and Residence Education Office
• Any official missing person report relating to this student shall be referred immediately to University Police.
• If University Security, after investigating the official report, determines the student has been missing for more than 24 hours, Gardner- Webb will contact the individual identified by the student, the custodial parent or legal guardian if the student is under 18 and not emancipated, or local law enforcement if these do not apply.

Policy for responding to threats or harm to self or others

Gardner-Webb University (GWU) recognizes that some students may face pressures coping with university life that could result in disruptive and/or threatening behaviors. To this end, GWU strives to create a climate where students are welcome to talk to counselors about personal problems and where referrals to mental health professionals are not stigmatized. This policy establishes the University protocols for responding to threatening student behaviors..

I. Referrals

A. Threatening Behaviors
For purposes of this policy, threatening behaviors refer to student behaviors that may be life threatening including but not limited to: suicide threats; suicide attempts; verbal threats; physical threats or unstable behavior.

B. Emergency
Any student, faculty, or staff who observes a student engaging in threatening behaviors that pose an imminent threat to life is obligated to immediately contact University Police for emergency assistance at (704) 406-4444 or 911.

C. Non-emergency
Any student, faculty, or staff who observes a student engaging in threatening behaviors that is not life threatening should contact and inform the Dean of Students and the Director of the Counseling Center.

1. The Director of the Counseling Center or counseling staff member will meet with the referred student and decide as to whether or not a counseling services referral is needed. The Dean of Students will be notified of the decision.
2. Counseling services referrals may consist of:
   • An emergency evaluation at an off-campus facility (Atrium Health Cleveland)
   • An evaluation for an off-campus appointment with a psychiatrist or psychologist.
   • Other appropriate treatment.

II. Notification

A. Student
The Dean of Students and/or the Director of the Counseling Center will provide the student who is referred for threatening behavior with information that will include the following:

1. Reference to the incident in which the student engaged in threatening behavior.
2. Any required psychological evaluations.
3. Requirements for return to campus.

B. Parental
The parents/guardians of a student will be contacted if a student engages in life threatening behavior.

III. Emergency Hospitalizations

A. Transportation
An ambulance or a family and/or friend will transport a student who engages in life threatening behavior to the local hospital Atrium Health Cleveland.

B. Hospitalization
If a student is admitted to the local hospital

1. A University counselor will go to the hospital to contact the student.
2. A University counselor may also provide counseling support services to the hospitalized student’s roommate or others who were present or affected by the incident.
3. The hospitalized student will be asked to sign a Release of Information form to permit the hospital to share medical information with the University and to contact the GWU Counseling Center when discharge is expected.
4. The hospitalized student will be asked to contact his/her parents or guardians. If the hospitalized student is unwilling or unable, the Dean of Students (or designee) will contact the hospitalized student’s parents/guardians to notify them of the incident.

C. Further Assessment and Treatment

1. The Cleveland County, NC Sheriff’s Department will normally transport a hospitalized student to another facility if the hospital medical staff determines that the hospitalized student needs further assessment and treatment.
2. The hospitalized student is responsible for informing his/her professors of the medical-related absences.
   • The GWU Counseling Center will assist a student in contacting professors about the medical-related absences if needed

D. Discharge
Prior to discharge, the Director of Counseling Services must be notified by medical personnel of the hospitalized student’s status, including a confirmation as to whether or not the student is able to return to campus, live on campus and recommendations for any follow-up treatment.

1. The hospitalized student will be advised of the campus procedure and documentation required to return to classes and residence hall, if applicable.

IV. Conditions for Return to GWU and/or Residence Hall
After being separated from the campus for threatening behavior, students must complete the following conditions to be cleared to return to classes and/or a residence hall:

A. Meet with the Dean of Students and Director of the Counseling Center to submit documentation from a mental health professional confirming whether or not: the student is no longer a threat to himself/herself or others; can safely participate in his/her academic program and/or resume independent living in a residence hall.

B. Schedule an appointment with a mental healthcare provider and make an immediate appointment with a University counselor or make an off-campus appointment with a psychologist for continued counseling support.

Questionnaires

A student (or a group of students) who wishes to send a questionnaire not related to an academic program to students, faculty or staff of an educational institution or a business enterprise must receive approval from the Vice President for Student Development and Dean of Students.

Sexual Misconduct Policy

Sexual misconduct involves unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct; it is usually found in the context of a relationship of unequal power, rank or status.

It does not matter that the person’s intention was not to harass; it is the effect it has that counts. If the conduct interferes with a student’s academic performance or creates an intimidating, hostile or offensive learning environment, it is considered sexual harassment.

• Sexual harassment usually is not an isolated one-time only case but a repeated pattern of behavior that may include:
• Comments about one’s body or clothing
• Questions about one’s sexual behavior
• Demeaning references to one’s gender
• Sexually-oriented jokes
• Conversations filled with innuendoes and double meanings
• Displaying of sexually suggestive pictures or objects
• Repeated non-reciprocated demands for dates or sex

The Gardner-Webb University Sexual Misconduct and Sexual Harassment Policy covers sexual harassment of students, faculty and staff and can be found here.

The Interim Title IX Coordinator is Lesley Villarose, who has been designated by Gardner-Webb University to help ensure compliance with Title IX and the University’s Title IX program. The Title IX Coordinator is responsible for compliance with Title IX, including, but limited to, implementing corrective measures for harassment, discrimination, and/or retaliation on behalf of the University.

Mrs. Lesley Villarose
Vice President of Student Development  and Dean of Students, Interim Title IX Coordinator and ADA Coordinator
Tucker Student Center
(704) 406-2081 | [email protected]

List of Title IX Resources: Campus, Local, State and National

University Resources

• SART (Sexual Assault Response Team)
  Please contact University Police at (704) 406-4444
  who will contact a 24/7 counselor on call.
  
• CAMPUS COUNSELING CENTER
  Stephanie Allen
  (704) 406-2177| [email protected]
  On Call # (704) 406-4440
  
• UNIVERSITY POLICE
  Chief Barry Johnson
  (704) 406-4440 | [email protected]
  
• Mrs. Lesley Villarose, Vice President of Student Development and Dean of Students, Interim Title IX Coordinator and ADA Coordinator
  Tucker Student Center
  (704) 406-2081 | [email protected]

Cleveland County Resources

• CLEVELAND COUNTY ABUSE PREVENTION COUNCIL
  24-hour crisis line (704) 481-0043
  
• BOILING SPRINGS, NC POLICE DEPARTMENT
  boilingspringsnc.net | (704) 434-9691
  
• SHELBY, NC POLICE DEPARTMENT
  cityofshelby.com/departments/police
  Non-emergency (704) 484-6845 | Emergency 9-1-1
  
• CLEVELAND COUNTY SHERIFF’S OFFICE
  clevelandcounty.com/sheriffs_office | (704) 484-4888
  
• CLEVELAND COUNTY DISTRICT ATTORNEY’S OFFICE— VICTIMS’ RIGHTS
  ncdistrictattorney.org/27B/victims_rights.htm | (704) 476-7810

State and National Resources State and National Resources

• NORTH CAROLINA SEXUAL ASSAULT RESPONSE TEAM
  nccasa.org
  
• NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY
  ncdps.gov
  
• RAINN-Rape and Incest National Network-is the nation’s largest anti- sexual violence organization and was named one of “America’s 100 Best Charities” by Worth magazine. RAINN created and operates the National Sexual Assault Hotline (800.656.HOPE) in partnership with more than 1,100 local sexual assault service providers across the country and operates the DoD Safe Helpline for the Department of Defense.
  rainn.org | 1 (800) 656-4673
  
• SAVAN–Statewide Automated Victim Assistance and Notification. SAVAN is a free, anonymous, computer-based telephone program that provides victims of crime with two important services: information and notification. The SAVAN program is designed to provide you with a quick, easy access to offender information and to alert you when an offender’s custody status changes.
  ncsavan.org
  
• NATIONAL SEXUAL ASSAULT HOTLINE 1 (800) 656-HOPE (4673)
  
• NATIONAL DOMESTIC VIOLENCE HOTLINE 1 (800) 799-7233

Solicitation

Permission from the Vice President for Student Development and Dean of Students is needed by any student, group of students or student organization to solicit funds or sell products to anyone inside or outside the University. The Director of Housing and Residence Education must give permission to solicit funds or sell products in the residence halls prior to approval from the Dean of Students. Please note: Any student, group of students, organization or club found soliciting funds and/or selling products without prior approval will be subject to a fine.

Off-campus solicitors and/or vendors must have prior written approval by either the Vice President for Administration and Finance or his/her designee or the Vice President of Student Development or his/her designee. Violators of this policy are considered to be trespassing and are subject to removal and/or arrest.

Student Grievance Policy

The primary objectives of the Student Grievance Policy are to ensure that students have the opportunity to present grievances to the University regarding a certain action or inaction by a member of the University community and that the University has a consistent way of resolving those grievances in a fair and just manner. A student may pursue a grievance if he or she believes that a member of the University community has violated his or her rights.

Scope of Policy
This Student Grievance Procedure applies to:

• alleged discrimination on the basis of race, color, religion, sex age, national origin, or disability;
• concerns arising in the relationship between a student and the University that are not governed by other specific grievance procedures (such as the University Sexual Misconduct Policy and the University Policies for Academic Grievances. Complaints and grievances related to academic matters should follow the procedure as stated in the Academic Catalog.

Grievances Related to Discrimination
If a student believes he/she has been discriminated against because of race, gender, religion, color, national or ethnic origin, age, disability, or military service, the student should contact the University’s Title IX Coordinator who has been identified on the previous page. In the case of harassment, the complaint should be made in accordance with the University’s Sexual Misconduct as stated on the Gardner-Webb website. If a student is not sure how to file a complaint, the Vice President of Student Development and Dean of Students will assist the student.

Grievances related to Disability
Gardner-Webb University is committed to complying with all requirements of the ADA of 1990 (ADA) Title III and its amendments and the Rehabilitations Act of 1973 (Section 504). The University is committed to ensuring that no otherwise qualified individual with a disability is denied reasonable accommodations or denied access to courses, programs, activities, services, jobs or facilities.

A student who believes he or she has been discriminated against on the basis of a disability is encouraged to file a complaint with the University. The University will treat all information related to the grievance as confidential. However, The Family Rights and Privacy Act (FERPA) and other applicable privacy laws permit the investigating official to provide information as necessary to those persons who have a legitimate need to know in order for the official to conduct a meaningful and thorough investigation. Gardner-Webb University prohibits retaliation for submitting a grievance. Retaliation includes threats, intimidation, reprisals and adverse actions.

A student can voluntarily choose to begin the process with an informal grievance by submitting an electronic Student Complaint Form located on WebbConnect or by contacting the Interim Title IX and ADA Coordinator. The Interim Title IX and ADA Coordinator is:

Mrs. Lesley Villarose
Vice President of Student Development and Dean of Students, Interim Title IX Coordinator and ADA Coordinator
Tucker Student Center
(704) 406-2081 | [email protected]

If the student is not satisfied with the resolution of the informal grievance, or elects not to use the informal process, a Formal Grievance may be initiated by submitting a written statement to the Provost. The Provost will then instruct the ADA Coordinator who will begin an investigation of the grievance. If deemed necessary, the investigating official may refer documentation issues to the Documentation Review Committee and deference will be given to the committee’s decision.

Procedure for other grievances
Complaints should be filed in accordance with the procedure appropriate to the specific type of grievances. For grievances not covered by a specific policy student may use the following general procedure.

Complaints should be presented orally to the appropriate University officials described above. If an informal discussion of the matter is not satisfactory, a written statement of the complaint will be requested. A written statement should contain the following:

• The exact nature and details of the grievance.
• The date, time, and place of the grievance.
• The names of witnesses or persons who have knowledge of the grievance.
• Any available written documentation or evidence that is relevant to the grievance.

An electronic Student Complaint Form can be found in WebbConnect.

Complaints regarding the institution that cannot be resolved at the institutional level, particularly complaints regarding applicable state laws, may be directed to the Consumer Protection Division of the North Carolina Department of Justice.

North Carolina Department of Justice
Consumer Protection Division
9001 Mail Service Center Raleigh, NC 27699-9001
ncdoj.gov/Consumer.aspx | 1 (877) 566-7226

An online complaint form is available at ncdoj.gov/complaint.

For further information on this required notice of nondiscrimination you may visit www2.ed.gov for the address and phone number of the Department of Education Office of Civil Rights that serves your area. Or you can call 1 (800) 421-3481.

The above procedure does not prevent or substitute for a student’s right to file a complaint with the Federal Office of Civil Rights. A student who believes he/she has been discriminated against by the University based upon violation of the ADA and its amendments and/or Section 504 can file a complaint with the Department of Education Office of Civil Rights.

THE OFFICE OF CIVIL RIGHTS
US Department of Education 400 Maryland Ave, SW Washington, DC 20202
Phone: (202) 245-8300
Fax: (202) 245-8301; TTD: (887) 521-2172
Email: [email protected]

Technology and Acceptable Use Policies

The purpose of this policy is to describe the appropriate use and security of University Technological assets, associated responsibilities, and rights of all Users employing these resources. All Users of University Technology assets are expected to be familiar with each policy contained here within and the consequences of violation as listed below. This policy supersedes all previous Gardner-Webb University Computer Usage Policies.

Violation of these contained policies may result in the immediate suspension of computer account and network access pending investigation resolution. Depending on frequency and/or severity, the offender may lose all computer account and network access in addition to facing the appropriate University judicial review. The penalties may include suspension or dismissal from the University and/or criminal prosecution where warranted.

Network Security and Privacy Policies

1. Unauthorized attempts to gain privileged access or access to any account or system not belonging to you on any University system are expressly prohibited.
2. Creation of any program, web form, and/or any other mechanism designed to gain privileged account information is prohibited without the written permission of the Provost and Associate Vice President for Technology Services.
3. Computer and network accounts are assigned to each individual uniquely and are considered confidential in nature. Individual accounts cannot be transferred to or used by another person. Given that access allows the User to retrieve personal information of the individual assigned the account, sharing of accounts and/or passwords is not permitted.
4. Each User is personally responsible for the proper use of his/her account including all activity associated with his/her account. All illicit activity that can be traced to a User account will result in immediate termination of the account until the investigation is complete. Users who do not safeguard their usernames and passwords may lose their access permanently, subject to the appropriate University judicial review.
5. Each system owner is responsible for the security of all systems he/she connects to the campus network (WEBBNET). Any system determined to cause network degradation and/or attacks other systems as a result of malicious software, e.g., viruses, worms, Trojans, will be removed from the network immediately and without notification until the system has been made secure.
6. No University-owned or private system attached to the WEBBNET may be used as a vehicle to gain unauthorized access to any other system whether on or off campus.
7. Anyone believing that a possible security lapse has occurred on any University technological resource or network MUST report it immediately to the respective department chairperson/manager and to Technology Services. The system and/or computer associated with the lapse should not be used until the problem has been investigated and cleared by the system administrator.
8. All Users must be aware that Gardner-Webb system administrators conduct periodic security checks of University systems and networks. Additionally, outside agencies are annually contracted to assess and challenge the University systems and network security to ensure a safe operating environment. As a result of the analysis, Users may be required to change their passwords during their next login process where an easily guessed password has been employed.
9. User files on a University server/system are kept as private as possible. Any attempts to access and/or read another person’s protected files will be treated with the utmost seriousness. System administrators will not override any file protections unless deemed absolutely necessary in the performance of their duties, and will treat the contents of those files as private and confidential information at all times. System administrators must make every effort to communicate with the owner of the files in the event any file protection is overridden.

Network and Computing Usage Policies

1. No University system or network may be employed in a manner or purpose that violates University statutes/regulations/policies and/or federal, state or local laws.
2. Any activity, malicious or otherwise, resulting in obstructing the operation and work activities that employ University technological resources will not be tolerated. Activities include, but are not limited to, consuming gratuitously large amounts of system resources (disk space, CPU time, network bandwidth), and/or crashing University servers or individual machines.
3. Use or access of any University system by outside persons or agencies requires written permission from the Provost’s Office and Technology Services to include payment of fees to the University and appropriate software vendors where applicable.
4. Use of University technological resources, systems, and networks for commercial purposes is strictly prohibited except where explicitly approved by the Provost. Such prohibited use includes, but is not limited to, development of programs for commercial profit, data processing or computations for commercial use, and preparation/presentation of for-profit advertising material. Posting of published works, workshops, presentations, etc., related to a faculty member’s area of teaching are exempt from this prohibition.
5. Frivolous, disruptive, and/or inconsiderate conduct, including the viewing of pornographic material, in any University computer lab, multi- media, or other room which employs technology is not permitted.
6. No University computing facility may be used for participating in computer gaming outside of academic requirements.
7. Copying, storing, displaying, or distributing copyrighted material using University systems and/or networks without express permission of the copyright owner, except as otherwise allowed under copyright legislation, is strictly prohibited. Under the Digital Millennium Copyright Act of 1998, repeat copyright infringements by a User can result in termination of the User’s access to University systems and networks. Statutory damages for copyright infringements range from $750 to $30,000 per infringement with willful infringements carrying potential damages up to $150,000 plus attorney fees.
8. Tampering, reconfiguring, removing equipment, or physically accessing University network/computing resources and/or wiring without express permission by Technology Services or Plant Operations is strictly prohibited. Such action will be considered vandalism and/or theft and will be prosecuted to the fullest extent of University policy and criminal law.

E-Mail Usage Policies

1. Gardner-Webb University has established e-mail as a primary vehicle for official communications with enrolled students and current faculty/staff.
2. Every enrolled student and current faculty and staff member has an official Gardner-Webb University e-mail address established and assigned by Technology Services. All University communications sent via e-mail will be sent to this address. Faculty members will use the official University e-mail address to communicate with students registered in their classes. Additionally, all administrative offices using e-mail to correspond with enrolled students will do so via this address.
3. Students are expected to check their official e-mail address on a frequent and consistent basis in order to stay current with University communications. A student’s failure to receive and read University communications delivered to his/her e-mail address in a timely manner does not absolve the student from knowing and complying with the content and instructions of such communications.
4. Students are allowed to forward their e-mail from their official University e-mail address to another provider, but do so at their own risk. Gardner-Webb is not responsible for the handling of e-mail of other service providers. Having e-mail forwarded does not absolve students from knowing and complying with the content of communications sent to their official University e-mail address.
5. No e-mail may be sent or forwarded through a University system or network for purposes that violate University statutes and/or regulations and constitutes an illegal or criminal action.
6. Electronic mail is considered private, confidential information and will be kept as private as possible. Attempts to read another person’s e-mail will be treated with the utmost seriousness. No University employee or system administrator will read any mail unless deemed absolutely necessary in accordance with specific job requirements or by judicial subpoena. The University makes every effort to respect e-mail privacy and adhere to state and federal statues governing e-mail confidentiality. However, the University reserves the right to
   investigate virus and illicit activity that can be introduced through e-mail systems. Additionally, if requested by the person assigned to the e-mail account, Technology Services may enter the specific e-mail account to assist with problem identification and resolution.
7. Users should be aware that deletion of electronic information will not erase such information from the system storage until overwritten with other data. This can result in the information residing in the University’s network either on various back-up systems/media until such time as the information is overwritten.
8. Nuisance e-mail or other online messages such as chain letters, obscene, harassing, and/or other unwelcome messages are prohibited.
9. Unsolicited e-mail messages to multiple Users are prohibited unless explicitly used for University instruction and/or business purposes. Exceptions are granted by the appropriate University authority.
10. All messages must show accurately from where and from whom the message originated, except in cases where anonymous messages are invited.
11. Gardner-Webb reserves the right to refuse mail and other communications from outside hosts that send unsolicited, mass or commercial messages, or messages that appear to contain virus and/or illicit material. The University will refuse, filter and/or disregard such messages

Tobacco Free Campus

A. Purpose
The purpose of this policy is to provide guidelines for the implementation and maintenance of a tobacco-free campus at Gardner-Webb University.

B. Philosophy
Gardner-Webb University has a long history of enhancing quality of life for students, faculty, staff, and visitors. Gardner-Webb serves as a center for intellectual development in Cleveland County, NC and the surrounding communities. As a leader in higher education, Gardner- Webb has an obligation to not only develop minds, but to promote health-enhancing behaviors and to provide an environment that enables improved health status. “For years, there has been evidence that reducing tobacco usage can greatly decrease frequency of cancer, stroke, heart and lung disorders and several additional health-related conditions. By implementing the Tobacco-Free Campus Policy, Gardner-Webb University is seeking to enhance the health of our students, faculty, staff and visitors to our campus.” Gardner-Webb proactively prohibited tobacco use in campus facilities in 1996. The evidence that tobacco threatens both smokers and nonsmokers continue to mount. The latest U.S. Surgeon General’s report (June, 2006), “The Health Consequences of Involuntary Exposure to Tobacco Smoke,” was Gardner-Webb’s final motivation toward launching the “Great Choices-Healthy Futures” health promotion campaign.

In this process, Gardner-Webb University does not seek to force or require cessation of tobacco product use by its students, faculty, or staff. Gardner-Webb University seeks to uphold the personal rights and decision-making processes of all persons involved and resolves to provide educational interventions and cessation assistance for those individuals seeking assistance.

C. Definitions and Terms

1. Tobacco Products: Includes but is not limited to cigarettes, vaping devices, cigars, pipes, electronic cigarettes, chewing tobacco and snuff.
2. Tobacco Use: Includes smoking, chewing, dipping or any other use of tobacco products.
3. Students: Includes but is not limited to full-time day students, residential students, part-time students, commuter students, graduate students, DCP students and other special students.
4. Campus: Includes any and all University-owned, leased, or maintained property including but not limited to buildings, facilities, sidewalks, roadways, parking lots, and grounds. This includes University-owned, rented, or leased vehicles. This policy also applies to personal vehicles parked on University property. The tobacco-free policy applies to all rental properties leased from the University. Gardner-Webb locations away from the main campus are expected to voluntarily comply with the University’s tobacco-free policy.

D. Policy Statement (This policy supersedes all previous tobacco policies)

1. Effective August 6, 2007, Gardner-Webb University became a tobacco-free campus. Tobacco use on campus is prohibited.
2. This policy applies to trustees, administrators, faculty, staff, students, contractors, vendors, clients, and visitors.
3. Sale of tobacco products on campus is prohibited.
4. The free distribution of tobacco products on campus is prohibited.
5. All tobacco advertising in public spaces, such as billboard and signage, is prohibited.
6. Tobacco advertisements are prohibited in University publications.

E. Policy Implementation

1. It is the hope of Gardner-Webb University that students, employees, and visitors will recognize the value of this policy and voluntarily comply. Implementation and enforcement of this policy are the shared responsibility of the entire University community. The process of achieving a tobacco-free environment will take time and patience. Gardner-Webb University believes that for this policy to be effective, a self-enforcing culture needs to be the norm. Therefore, all members of the University community will be asked to courteously and tactfully inform persons of the Tobacco-Free Campus Policy.
2. “Great Choices ~ Healthy Futures” Please Enjoy our Tobacco-Free Campus! Signs will be posted at each pedestrian and vehicular entrance. Every building will display a plaque or decal stating the aforementioned message. All University-owned/leased vehicles will also display the decal. The Tobacco-Free Campus Policy applies whether or not signs are posted.
3. All University Handbooks, Policy Manuals, Catalogs, online listings and other policy-related literature will include the Tobacco-Free Campus Policy.
4. Managers/Supervisors/Department Chairs/Deans/Associate Provosts will be responsible for orienting employees to the Tobacco-Free Campus Policy.
5. The Office of Human Resources personnel will inform prospective employees of the Tobacco-Free Campus Policy.
6. Any contracts for use or lease of University property or facilities will clearly state the Tobacco-Free Campus Policy.
7. The Offices of Respective Student Admissions personnel will inform prospective students of the Tobacco-Free Campus Policy.
8. This policy does not compel students, faculty, or staff to quit using tobacco products; however, if anyone desires to quit, Gardner-Webb University will support this positive behavioral change effort through the provision of cessation resources and educational interventions.

F. Policy Compliance

• Compliance effective November 6, 2007.
• Consequences of Non-Compliance
  1. Students Students are expected to comply with all stated University policies. Non-compliance of the Tobacco-Free Campus Policy should be reported to the University’s Student Conduct Office in Student Development. Non-compliance will require action through the University’s current judicial procedures. In addition to written documentation of non-compliance in the student’s disciplinary file, possible sanctions include, may result in a $25.00 fine.
  2. Staff
     As an employer, Gardner-Webb University has the right to limit the use of tobacco products on its property. Those employees who use tobacco products do not have the right to violate this policy. An employee who fails to comply with the Tobacco-Free Campus Policy will first receive verbal warning from his/her direct supervisor. In the event of a second violation of policy, the employee’s supervisor will place written documentation in the employee’s performance file to be utilized during the University’s annual employee performance evaluation process. Non-compliance should be reported to the employee’s supervisor. Many cessation or other educational intervention resources are available for use by employees and may be recommended or required by the employee’s supervisor.
  3. Faculty
     As an employer, Gardner-Webb University has the right to limit the use of tobacco products on its property. Those faculty members who use tobacco products do not have the right to violate this policy. A faculty member who fails to comply with the Tobacco-Free Campus Policy will first receive verbal warning from the faculty member’s associate provost. In the event of a second policy violation, the faculty member’s associate provost will place written documentation in the faculty member’s performance file to be utilized during the University’s annual faculty evaluation process. Non-compliance of any faculty member should be reported to the faculty member’s associate provost. Many cessation or other educational intervention resources are available for use by faculty members and may be recommended or required by the appropriate associate provost.
  4. Personnel Renting/Using Grounds or Facilities/Outside Contractors Gardner-Webb University has the right to limit the use of tobacco products on its property. Personnel renting/using the grounds/ facilities or outside contractors do not have the right to violate this policy. Contract agreements with such personnel may be terminated or not renewed. Fines may be assessed.
  5. Visitors/Others
     Information cards will be available to all faculty, staff, and students to give to visitors who are observed using tobacco products on campus property. Providing these cards gives a friendly reminder and promotes policy compliance.

G. Assessment

• The Gardner-Webb University Tobacco-Free Campus Policy and the approach to encouraging compliance should be reevaluated annually by a designated committee.
• Assessment Data Collection: Data is periodically collected for the following.
  1. Tobacco Usage Rates
  2. Written Citation Information and Frequency
  3. Educational Intervention Selection and Success Rates
  4. Call Line Frequency Rates (if available)
• Consequences of Non-Compliance
  1. Students
     Students are expected to comply with all stated University policies. Non-compliance of the Tobacco-Free Campus Policy should be reported to the University’s Student Conduct Office in Student Development. Non-compliance will require action through the University’s current judicial procedures. In addition to written documentation of non-compliance in the student’s disciplinary file, possible sanctions include, may result in a $25.00 fine.
  2. Staff
     As an employer, Gardner-Webb University has the right to limit the use of tobacco products on its property. Those employees who use tobacco products do not have the right to violate this policy. An employee who fails to comply with the Tobacco-Free Campus Policy will first receive verbal warning from his/her direct supervisor. In the event of a second violation of policy, the employee’s supervisor will place written documentation in the employee’s performance file to be utilized during the University’s annual employee performance evaluation process. Non-compliance should be reported to the employee’s supervisor. Many cessation or other educational intervention resources are available for use by employees and may be recommended or required by the employee’s supervisor.
  3. Faculty
     As an employer, Gardner-Webb University has the right to limit the use of tobacco products on its property. Those faculty members who use tobacco products do not have the right to violate this policy. A faculty member who fails to comply with the Tobacco-Free Campus Policy will first receive verbal warning from the faculty member’s associate provost. In the event of a second policy violation, the faculty member’s associate provost will place written documentation in the faculty member’s performance file to be utilized during the University’s annual faculty evaluation process. Non-compliance of any faculty member should be reported to the faculty member’s associate provost. Many cessation or other educational intervention resources are available for use by faculty members and may be recommended or required by the appropriate associate provost.
  4. Personnel Renting/Using Grounds or Facilities/Outside Contractors
     Gardner-Webb University has the right to limit the use of tobacco products on its property. Personnel renting/using the grounds/ facilities or outside contractors do not have the right to violate this policy. Contract agreements with such personnel may be terminated or not renewed. Fines may be assessed.
  5. Visitors/Others
     Information cards will be available to all faculty, staff, and students to give to visitors who are observed using tobacco products on campus property. Providing these cards gives a friendly reminder and promotes policy compliance.

H. Consequences of Non-Compliance

• Students
  Students are expected to comply with all stated University policies. Non-compliance of the Tobacco-Free Campus Policy should be reported to the University’s Student Conduct Office in Student Development. Non-compliance will require action through the University’s current judicial procedures. In addition to written documentation of non-compliance in the student’s disciplinary file, possible sanctions include, may result in a $25.00 fine.
• Staff
  As an employer, Gardner-Webb University has the right to limit the use of tobacco products on its property. Those employees who use tobacco products do not have the right to violate this policy. An employee who fails to comply with the Tobacco-Free Campus Policy will first receive verbal warning from his/her direct supervisor. In the event of a second violation of policy, the employee’s supervisor will place written documentation in the employee’s performance file to be utilized during the University’s annual employee performance evaluation process. Non-compliance should be reported to the employee’s supervisor. Many cessation or other educational intervention resources are available for use by employees and may be recommended or required by the employee’s supervisor.
• Faculty
  As an employer, Gardner-Webb University has the right to limit the use of tobacco products on its property. Those faculty members who use tobacco products do not have the right to violate this policy. A faculty member who fails to comply with the Tobacco-Free Campus Policy will first receive verbal warning from the faculty member’s associate provost. In the event of a second policy violation, the faculty member’s associate provost will place written documentation in the faculty member’s performance file to be utilized during the University’s annual faculty evaluation process. Non-compliance of any faculty member should be reported to the faculty member’s associate provost. Many cessation or other educational intervention resources are available for use by faculty members and may be recommended or required by the appropriate associate provost.
• Personnel Renting/Using Grounds or Facilities/Outside Contractors
  Gardner-Webb University has the right to limit the use of tobacco products on its property. Personnel renting/using the grounds/ facilities or outside contractors do not have the right to violate this policy. Contract agreements with such personnel may be terminated or not renewed. Fines may be assessed.
• Visitors/Others
  Information cards will be available to all faculty, staff, and students to give to visitors who are observed using tobacco products on campus property. Providing these cards gives a friendly reminder and promotes policy compliance.