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| − | Policy 301.4.3
| + | #REDIRECT [[2013 Campus Security and Fire Safety Report]] |
| − | == Introduction ==
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| − | 1.1 This document has been written to establish policy/ procedures to comply with the Jeanne Clery Disclosure of Campus Crime Statistics Act, hereafter called the Clery Act, formerly known as the Crime Awareness and Campus Security Act of 1990 (Title II, Public Law 101-542) with its amendments and the Higher Education Opportunity Act (HEOA) (Public Law 110-315).
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| − | == Scope ==
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| − | 2.1 This policy applies to all employees, students, and visitors at the Appalachian Center at the East Campus of Catawba Valley Community College (Hickory Center) in Hickory, NC. The Hickory Center is part of the Appalachian State University Greater Hickory Partnership (ASU-GHP), between Appalachian State University and the three community colleges in the Hickory-Lenoir-Morganton Region. The partnership coordinates delivery of Appalachian’s off-campus degree programs at the Hickory Center. For Clery Act reporting purposes only, it is considered a separate campus. The Hickory Center has no residence halls and exists to offer part-time and full-time undergraduate programs to students who live in the greater Hickory region and are unable to commute or move to Boone, home of Appalachian State University’s main campus.
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| − | == Definitions ==
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| − | === Criminal Offenses and Violations ===
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| − | The criminal offenses and violations that must be reported are defined in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program and the Clery Act as follows:
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| − | # Murder and Non-Negligent Manslaughter - the willful (non-negligent) killing of one human being by another. | + | |
| − | # Negligent Manslaughter - the killing of another person through gross negligence.
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| − | # Robbery - the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
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| − | # Aggravated Assault - an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harms and includes assaults that require medical attention.
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| − | # Burglary - the unlawful entry of a structure to commit a felony or theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
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| − | # Motor Vehicle Theft - the theft or attempted theft of a motor vehicle. For reporting purposes include all cases where automobiles are taken by persons not having lawful access even if the vehicle was later abandoned, including joyriding.
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| − | # Arson - any willful or malicious burning or attempt to burn with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another.
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| − | # Sex Offenses, Forcible - any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent. For reporting purposes this includes forcible rape, forcible sodomy, sexual assault with an object and forcible fondling.
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| − | # Sex Offenses, Non-Forcible - unlawful, non-forcible sexual intercourse. For reporting purposes there are only two types of offenses included in this definition, incest and statutory rape.
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| − | # Larceny-Theft – The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. (Note: Constructive possession is defined by Black’s Law Dictionary, 6th ed. as “where one does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.”)
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| − | # Simple Assault - An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
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| − | # Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. (E.g. Communicating Threats, Harassment, Stalking)
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| − | # Destruction/Damage/Vandalism of Property (Except "Arson") - To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
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| − | # Drug Law Violations - violations of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful possession, sale, use, growing, manufacturing, transportation, importation and making of any controlled drug or narcotic substance.
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| − | # Liquor Law Violations - violation of state or local laws or ordinances prohibiting the manufacture, sale, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. Violations include, but are not limited to, maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person, using a vehicle for the illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. # Weapon Law Violations - violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing weapons; and all attempts to commit any of the aforementioned.
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| − | # Hate Crimes - the above listed crimes, (except drug, liquor and weapons violations), and any other crime involving bodily injury where the victim was intentionally selected on the basis of actual or perceived race, gender, religion, sexual orientation, ethnicity or disability. The hate crime must be reported according to the category of hate, bias or prejudice.
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| − | === Geographical Report Locations ===
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| − | Offenses are to be reported by separate geographical locations, as defined below:
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| − | # On-campus – the building and property is located at 2760 Hwy 70 SE, CVCC East Campus, Hickory, NC 28602. The facility is shared with CVCC East Campus.
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| − | # Non-Campus Building or Property – there are currently no non-campus buildings or property as associated with the Hickory Center.
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| − | # Public Property - all public facilities and property including roads, thoroughfares, streets, sidewalks and parking facilities that are either within the Hickory Center campus or immediately adjacent to and accessible from it.
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| − | # Residential Facilities – there are no residential facilities on the Hickory Center campus.
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| − | === Other Important Definitions ===
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| − | # Business Day - Monday through Friday, excluding any day when the University is closed.
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| − | # Test - Regularly scheduled drills, exercises, and appropriate follow-through activities, designed for assessment and evaluation of emergency plans and capabilities.
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| − | # Campus Security Authority - any official or office of the University and the Hickory Center Campus who has a significant responsibility for campus security and for certain student and campus activities, including the following:
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| − | ## The Chief and all employees in the Appalachian State University Police Department;
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| − | ## any individuals not employed by the ASU Police Department, but having responsibility for monitoring entrance into the property (CVCC Campus Security Officers)
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| − | ## The University Dean of Students;
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| − | ## The University Student Conduct Office;
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| − | ## The Director of the Greater Hickory Partnership
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| − | # Prospective Employee - an individual who has contacted an official of the University for the purpose of requesting information concerning employment.
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| − | # Prospective Student - an individual who has contacted an official of the University for the purpose of requesting information concerning admissions.
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| − | # University - refers to Appalachian State University, a constituent institution of The University of North Carolina with its main campus located in Boone, North Carolina.
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| − | # Pastoral Counselor - a person who is associated with a religious order or denomination that recognizes him/her as someone who provides confidential counseling, and is functioning within the scope of that recognition as a university pastoral counselor.
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| − | # Professional Counselor - is a person whose official responsibilities include providing mental health counseling to members of the university community and is functioning within the scope of his/her license or certificate.
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| − | # Referred for campus disciplinary action - the referral of any student to any campus official who initiates a disciplinary action of which record is kept and which may result in the imposition of a sanction.
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| − | == Policy and Procedure Statements ==
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| − | === Crime Awareness and Campus Security Act ===
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| − | '''4.1.1''' On November 8, 1990, the Crime Awareness and Campus Security Act (Title II, Public Law 101-542) was signed into law. This law requires universities to produce and make available certain policy statements and statistics about campus crime.
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| − | '''4.1.2''' The University and Hickory Center policy is adopted to comply with Public Law 101-542, with its amendments and that portion of Public Law 110-315 that pertains to the Higher Education Opportunity Act campus safety disclosure responsibilities.
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| − | '''4.1.3''' It is the policy of the University to publish by October 1st of each school year an annual Campus Security Report that informs current students and employees of the security policies, procedures and practices in place for the Hickory Center. The annual Campus Security Report will also disclose statistics from the previous three years concerning reported crimes listed under Definitions, section 3.01, above, that occurred: On-campus; in any off campus buildings or property, either owned or controlled by the University or owned or controlled by a student organization recognized by the University; and on public property within, or immediately adjacent to and accessible from the campus. The statistics will be collected from the University Police, local law enforcement, and other University officials who have been designated as Campus Security Authorities.
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| − | '''4.1.4''' The University Director of Public Safety and Risk Management is responsible for preparing and distributing the annual Campus Security Report for the Hickory Center. Coordination with many departments and agencies, such as the Office of Extension and Distance Education, Office of the General Counsel, Dean of Students, Student Conduct Office, CVCC Campus Security Office and local police agencies was required to compile this report. The annual Campus Security Report for the Hickory Center is available on the Web at http://www.police.appstate.edu. Each member of the Hickory Center campus is notified by e-mail with a link to the report when the report is available on the Web. The report will be made available to prospective students, prospective employees, and others upon request. Paper copies of the report may be requested by contacting the University Police Department at 828-262-2150 or by mail at: Appalachian State University Police Department, ASU Box 32113, Boone, NC 28608.
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| − | '''4.1.5''' It is also the policy of Appalachian State University and the Hickory Center that students and employees are ultimately responsible for their own safety and security. Although members of the campus community are encouraged to use the annual Campus Security Report as a guide for safe practices on and off-campus, nothing in this policy or other publications of Appalachian State University or the Hickory Center is intended to represent the University as an insurer of any individual's personal safety or security. Students, employees and visitors are expected to use caution and good judgment, and make decisions to ensure their own safety.
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| − | === Campus Law Enforcement ===
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| − | '''4.2.1''' The University Police Department has no jurisdiction on the Hickory Center and the Hickory Center does not employ any security officers. The CVCC Campus Safety and Security Office provides 24/7 protection to faculty, staff, students and property for the Hickory Center. CVCC Security Officers are vested with full law enforcement powers and responsibilities accorded to police officers by the State of North Carolina. The officers are trained at state-approved police academies.
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| − | '''4.2.2''' CVCC Security Officers are responsible for a full range of public safety services including investigation and reporting of all crimes committed on campus, responding to medical and fire emergencies, and enforcing state and local laws regarding the use of controlled substances, alcohol and weapons.
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| − | === Policy for Reporting Criminal Incidents or Emergencies ===
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| − | '''4.3.1''' The University requires employees (to the extent allowed under professional ethics constraints) and encourages students and visitors to promptly report crimes that occur on the CVCC Campus to the Security Office at 828-327-7000, ext. 711 or to the Hickory Police Department at 828-261-2600. For emergencies call 911. Professional and pastoral counselors are encouraged to report crimes, but the University does not mandate that they report. The University encourages professional and pastoral counselors; if and when they deem it appropriate, to inform the persons they are counseling to report crime on a voluntary basis to the Police.
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| − | '''4.3.2''' Reports of crimes may be made to other campus security authorities as listed below:
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| − | {| cellpadding="5"
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| − | | Director, Greater Hickory Partnership || 828-324-6966
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| − | | Director, University Student Conduct || 828-262-2704
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| − | | University Dean of Students || 828-262-2060
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| − | |}
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| − | '''4.3.3''' Campus security authorities will promptly refer all reportable offenses to the University Police Department. Reports of crimes may also be made anonymously to the University Police by going to http://www.police.appstate.edu and clicking on Report Crime Information or Suspicious Activity Anonymously On-line.
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| − | '''4.3.4''' All reports referred to the University Police are investigated and the perpetrators are either referred for prosecuted, referred to the Office of Student Conduct for discipline under the Code of Student Conduct, or both. The North Carolina State Bureau of Investigation and other law enforcement agencies may assist with investigations upon request.
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| − | === Monitoring and Recording Criminal Activity of Students Off-Campus ===
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| − | '''4.4.1''' The University relies on local law enforcement agencies for response to off-campus crimes. While the University does not collect off-campus arrest information, if we become aware of a student who is involved in a felony arrest, drug arrest and/or certain alcohol related arrests, that information will be provided to the Student Conduct Office. The University reserves the right to address allegations of off-campus crimes through the Code of Student Conduct when appropriate.
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| − | === Access to Campus Facilities ===
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| − | '''4.5.1''' Hickory Center facilities are generally open during normal operating hours to employees, students, contractors, and visitors as defined in CVCC’s visitors on campus policy. Normal operating hours for CVCC facilities do vary. When a facility is closed, access is by key if issued, or by admittance via the Campus Safety and Security Office. The Hickory Center does not have campus residence halls. Campus Safety and Security Officers (Catawba County police officers) regularly patrol the Hickory center which is located on the CVCC East Campus and report unsafe conditions and security issues to the Director of Campus Safety and Security.
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| − | === Security Considerations in the Maintenance of Campus Facilities ===
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| − | '''4.6.1''' The Hickory Center is located on the CVCC East Campus and all security considerations in the maintenance of the building should be coordinated with the CVCC Campus Safety and Security Office. Faculty, staff and students are encouraged to report any security concerns to the CVCC Campus Safety and Security Office or to the ASU Police Department.
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| − | === Timely Warnings/Crime Alerts ===
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| − | '''4.7.1''' Timely warnings will be issued by the CVCC Director of Campus Safety and Security when a situation arises that in the judgment of the CVCC Director of Campus Safety and Security constitutes an ongoing or continuing threat. The warning will be issued by email, be posted on the CVCC main web page and on the internal TV network.
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| − | '''4.7.2''' Anyone with information which may warrant a timely warning should report that information to the CVCC Campus Safety and Security Office. Call extension 711 from phones on the Main Campus and East Campus phone network, by calling 828-327-7000 extension 711, or in person at the CVCC Campus Safety and Security Office located on the Main Campus in the Cuyler A. Dunbar Building (Rooms 128, 131, and 132)
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| − | === Daily Crime Log and Campus Crime Statistics ===
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| − | '''4.8.1''' The Hickory Center is not required to maintain a daily crime log because it does not have its own campus police or security department. The Campus Safety and Security Officers employed by Catawba Valley Community College have jurisdiction for the Hickory Center and maintain a crime log and crime statistics for their Main and East campuses.
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| − | '''4.8.2''' The Appalachian State University Police Department collects and discloses crimes that occur on the Hickory Center campus that are reported to the Hickory Police Department, the CVCC Campus Safety and Security Office and Hickory Center campus security authorities in accordance with Clery Act requirements. The Hickory Center annual crime statistics report is in [[Hickory_Center_Annual_Report#Additional_References|Appendix A.]]
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| − | === Emergency Preparedness ===
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| − | '''4.9.1''' All emergency response and evacuation procedures for the Hickory Center will be in accordance with the Catawba Valley Community College emergency procedures as outlined below.
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| − | '''4.9.2''' CVCC has established procedures to immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on campus. These procedures provide for rapid notice to local law enforcement and senior administration to evaluate and confirm an emergency or dangerous situation and if confirmed, for same persons to determine the appropriate segment or segments of campus to be notified and the content of the notification.
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| − | '''4.9.3''' CVCC will, without delay, and taking into account the safety of the community, determine the content of emergency/dangerous situation notifications and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency.
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| − | '''4.9.4''' CVCC (including the Hickory Center located on East Campus) - If an emergency or dangerous situation is confirmed, the procedures provides for any one of several CVCC administrators to authorize a mass notice to the appropriate segment(s) of the campus using a campus emergency notification system. Such notice can also be followed (if deemed appropriate) by notice via faculty/staff e-mail, internal TV system, the CVCC web page, and the Blackboard course management system.
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| − | === Crime Prevention Education and Awareness ===
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| − | '''4.10.1''' Crime prevention education and awareness services and procedures are provided by the CVCC Campus Safety and Security Office. They conduct crime prevention presentations when requested. Security services information is provided on Campus Safety and Security bulletin boards located in various campus buildings. C Programs and information offered include general crime prevention forums and programs with discussions on topics such as alcohol abuse, domestic violence, self-defense, fire safety, sexual assault prevention, and theft prevention.
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| − | === Alcohol and Drug Policies ===
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| − | '''4.11.1''' The possession, use and sale of alcohol on CVCC campuses/sites (including the Hickory Center) are prohibited. The CVCC Safety and Security Office enforce federal, state, and local laws regulating the possession, use, sale, and distribution of alcohol. Violators are subject to criminal prosecution. Violators of the alcohol policy will be dealt with through established University policies and procedures.
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| − | '''4.11.2''' Possession of alcohol by persons under the age of 21 is illegal and persons who provide alcoholic beverages to anyone who is not of legal drinking age are also in violation of North Carolina law and may be subject to both criminal prosecution and University disciplinary action. They may also be liable for personal injuries or property damages resulting from acts committed by intoxicated persons, whether underage or otherwise.
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| − | '''4.11.3''' The University/Hickory Center prohibits the unlawful possession, use, sale, growing, manufacturing, transportation, importation, and making of any controlled substances or illicit drugs by students, staff and faculty. The University/Hickory Center adheres to the "University of North Carolina Policy on Illegal Drugs" adopted by the Board of Governors on January 15, 1988 and found in Chapter 1300.1 of the UNC Policy Manual. The University also offers drug and alcohol counseling and education through the Counseling Center for Faculty and Staff and the Wellness Center for students.
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| − | '''4.11.4''' CVCC also provides educational and counseling services to students and staff that include informational materials, an employee assistance program and referral services.
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| − | '''4.11.5''' Additional information about the University’s drug and alcohol policies may be found at: http://policy.appstate.edu/Policy_Manual.
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| − | === Sexual Assault Prevention and Response ===
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| − | '''4.12.1''' Sexual assaults, including date or acquaintance rape, are a serious concern to the University/Hickory Center and will not be tolerated. Victims of sexual assaults should get medical treatment as soon as possible and are encouraged to notify the CVCC Campus Security or the Hickory Police Department immediately following an incident. Student’s not wishing to contact the police may contact any of the "campus security authorities" listed in sections 3.03 and 6.02, above for help. Campus security authorities will assist the victim in notifying the appropriate law enforcement agency if the victim requests assistance. To aid the police investigation, victims of sexual assault should take these steps to help preserve evidence:
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| − | # Do not shower or bathe before the medical exam.
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| − | # Do not change your clothes; if you do, save all your clothing and give them to the police.
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| − | # Do not disturb or alter the crime scene.
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| − | # Document any injury you suffered, either by photograph or by showing it to someone you trust.
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| − | '''4.12.2''' The Hickory Center has no on campus counseling services. Referrals for counseling services for student sexual assault victims are available from the University’s Counseling and Psychological Services Center, (located on the Main Campus in Boone) by calling 828-262-3180. Additionally, the University offices of Student Development and Academic Affairs will make every reasonable effort to assist victims of sexual assault by providing options for changing academic conditions whenever possible.
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| − | '''4.12.3''' The University's Student Conduct Office responds to all violations of the Student Code of Conduct, including all sex offenses, forcible or non-forcible. Both the accuser and the accused are entitled to the same opportunities to have others present during the proceedings, and both parties of any sex offense hearing shall be informed of the outcome of any campus disciplinary proceedings involving a sex offense.
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| − | '''4.12.4''' The University's Code of Student Conduct outlines possible sanctions for sexual assault, rape or molestation. They include suspension (eight semesters) or expulsion. Sanctions and conduct proceedings are outlined in the Code of Student Conduct. The entire University Sexual Assault Policy can be found at: http://www.sexualassault.appstate.edu or http://www.studentconduct.appstate.
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| − | '''4.12.5''' Educational programs that promote the awareness of rape, acquaintance rape and other forcible and non-forcible sex offenses are regularly offered by many different University departments in Boone, and may be requested for members of the Hickory Center Campus by contacting the University Police at 828-262-2150.
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| − | '''4.12.6''' North Carolina law requires sex offenders to register with the Sheriff of the county in which they live. The law also requires non-resident students or non-resident workers to register with the Sheriff of the county in which they work or attend school. The NC Registry of Sex Offenders may be viewed on-line at http://sexoffender.ncdoj.gov/.
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| − | == Additional References ==
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| − | : [http://policy.appstate.edu/images/6/6a/Hickory_-_Appendix_A.pdf Appendix A - Hickory Annual Crime Statistics Report]
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| − | : Student Right-to-Know Act (Public Law 101-542)
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| − | : Higher Education Technical Amendments of 1991 (Public Law 102-26)
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| − | : Higher Education Technical Amendments of 1993 (Public Law 103-208)
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| − | : Higher Education Opportunity Act (HEOA) of 2008 (Public Law 110-315)
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| − | : 20 U.S.C. 1092(f)
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| − | : 20 U.S.C. 1094
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| − | : 34 CFR Part 668
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| − | == Authority ==
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| − | == Contact Information ==
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| − | Director of Public Safety and Risk Management, 828-262-2150
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| − | == Effective Date ==
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| − | October 1, 2012
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| − | == Revision Dates ==
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