https://policy.appstate.edu/api.php?action=feedcontributions&user=Blockermg&feedformat=atomAppalachian State University Policy Manual - User contributions [en]2024-03-29T07:05:23ZUser contributionsMediaWiki 1.24.1https://policy.appstate.edu/index.php?title=Political_Activities_and_Public_Office_Holding&diff=12744Political Activities and Public Office Holding2023-03-15T14:09:49Z<p>Blockermg: /* Additional References */</p>
<hr />
<div>Policy 604.7<br />
== Introduction ==<br />
=== Political Activities ===<br />
1.1.1 ''The UNC Policy Manual'' Section 300.5.1 sets forth provisions governing political activities by all University of North Carolina employees. The purpose of this Appalachian State University policy is to inform Appalachian employees of those political activities that are permitted and those that are prohibited, and to ensure compliance with ''The UNC Policy Manual'' Section 300.5.1, as it may be amended from time to time, which is incorporated herein by reference.<br />
<br />
1.1.2 University employees retain the rights and obligations of citizenship provided in the Constitution and laws of the State of North Carolina and the Constitution and laws of the United States of America. Employees are encouraged to exercise fully and freely their rights to participate or refrain from participating in political processes without fear of penalty or reprisal, consistent with the University’s commitment to encouraging the full freedom, within the law, of inquiry, discourse, teaching, research, service, and publication. Certain types of activities by University employees related to political processes, however, may be incompatible with the general responsibilities of employment or with the particular responsibilities of University employment.<br />
<br />
=== Candidacy for Elective Office and Officeholding ===<br />
1.2.1 ''The UNC Policy Manual'' Section 300.5.2 sets forth provisions governing candidacy for elective office and officeholding (elective and appointive public office) by all University of North Carolina employees. The purpose of this policy is to inform Appalachian employees of the requirements and prohibitions concerning candidacy for and holding of public office (elective and appointive), and to ensure that Appalachian’s policy regarding these activities is consistent with ''The UNC Policy Manual'' Section 300.5.2], as it may be amended from time to time, which is incorporated herein by reference.<br />
<br />
1.2.2 An employee who intends to become a candidate for election or appointment to any public office, or to hold any public office, is responsible for knowing and complying with the policy set forth herein, in addition to any other applicable policies, regulations, and guidelines, including, but not limited to, policies and regulations concerning Political Activities of Employees, Conflict of Interest and Commitment, and External Professional Activities for Pay.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University employees who are exempt from the State Human Resources Act (Chapter 126 of the General Statutes) pursuant to G.S. 126-5(c1).<br />
<br />
2.2 For employees subject to the State Human Resources Act (SHRA), activities related to political activities and public officeholding are governed by Article 5, Chapter 126 of the North Carolina General Statutes, policies adopted by the Office of State Human Resources (OSHR), and any campus policies adopted in accordance therewith. <br />
<br />
== Definitions ==<br />
<br />
See the [http://www.northcarolina.edu/apps/policy/index.php?pg=toc&id=330&added=1 UNC Policy Manual Sections 300.5.1 and 300.5.2.]<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
Appalachian State University adopts as its policy [http://www.northcarolina.edu/apps/policy/index.php?pg=toc&id=330&added=&return_url=%2Fapps%2Fpolicy%2Findex.php%3Fpg%3Dvs%26id%3D332 ''The UNC Policy Manual'' Sections 300.5.1 and 300.5.2] (as amended April 11, 2014 and as may be amended from time to time), which policies are incorporated in their entirety.<br />
<br />
== Additional References ==<br />
:[http://policy.appstate.edu/images/4/43/Petition_for_Public_Candidacy_and_Officeholding%2C_4824-6511-7216%2C1.docx Appalachian State University Petition for Public Office Candidacy or Public Officeholding]<br />
<br />
:[[External Professional Activities of Faculty and Other Professional Staff]] (Policy 604.3)<br />
<br />
:[[Conflict of Interest and Commitment]] (Policy 604.6)<br />
<br />
:[https://www.northcarolina.edu/wp-content/uploads/reports-and-documents/legal/political_activities_petition-01252022.docx UNC General Administration "Petition Regarding Political Activity"] for use by Appalachian Senior Academic and Administrative Officers [SAAOs] and employees running for or assuming a seat in the General Assembly<br />
<br />
:[https://generalcounsel.appstate.edu/wp-content/uploads/2023/03/fall-political-memorandum.pdf Political Activity Memorandum], issued by the Office of General Counsel<br />
<br />
:[https://generalcounsel.appstate.edu/wp-content/uploads/2023/02/Update-to-Political-Activity-Memo-02.27.2023.pdf Update to Political Activity Memorandum, February 27, 2023], issued by the Office of General Counsel.<br />
<br />
== Authority ==<br />
:[http://www.northcarolina.edu/apps/policy/index.php?pg=vs&id=331&added=1 The UNC Policy Manual 300.5.1]<br />
:[http://www.northcarolina.edu/apps/policy/index.php?pg=vs&id=332&added=1 The UNC Policy Manual 300.5.2]<br />
<br />
== Contact Information ==<br />
:Office of General Counsel (828-262-2751)<br />
<br />
== Original Effective Date ==<br />
:July 23, 2015<br />
<br />
== Revision Dates ==<br />
<br />
:March 23, 2017<br />
[[Category:Contents]]<br />
[[Category:Human Resources]]<br />
[[Category:Conflicts of Interest and Commitment]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Political_Activities_and_Public_Office_Holding&diff=12743Political Activities and Public Office Holding2023-03-15T14:04:22Z<p>Blockermg: /* Additional References */</p>
<hr />
<div>Policy 604.7<br />
== Introduction ==<br />
=== Political Activities ===<br />
1.1.1 ''The UNC Policy Manual'' Section 300.5.1 sets forth provisions governing political activities by all University of North Carolina employees. The purpose of this Appalachian State University policy is to inform Appalachian employees of those political activities that are permitted and those that are prohibited, and to ensure compliance with ''The UNC Policy Manual'' Section 300.5.1, as it may be amended from time to time, which is incorporated herein by reference.<br />
<br />
1.1.2 University employees retain the rights and obligations of citizenship provided in the Constitution and laws of the State of North Carolina and the Constitution and laws of the United States of America. Employees are encouraged to exercise fully and freely their rights to participate or refrain from participating in political processes without fear of penalty or reprisal, consistent with the University’s commitment to encouraging the full freedom, within the law, of inquiry, discourse, teaching, research, service, and publication. Certain types of activities by University employees related to political processes, however, may be incompatible with the general responsibilities of employment or with the particular responsibilities of University employment.<br />
<br />
=== Candidacy for Elective Office and Officeholding ===<br />
1.2.1 ''The UNC Policy Manual'' Section 300.5.2 sets forth provisions governing candidacy for elective office and officeholding (elective and appointive public office) by all University of North Carolina employees. The purpose of this policy is to inform Appalachian employees of the requirements and prohibitions concerning candidacy for and holding of public office (elective and appointive), and to ensure that Appalachian’s policy regarding these activities is consistent with ''The UNC Policy Manual'' Section 300.5.2], as it may be amended from time to time, which is incorporated herein by reference.<br />
<br />
1.2.2 An employee who intends to become a candidate for election or appointment to any public office, or to hold any public office, is responsible for knowing and complying with the policy set forth herein, in addition to any other applicable policies, regulations, and guidelines, including, but not limited to, policies and regulations concerning Political Activities of Employees, Conflict of Interest and Commitment, and External Professional Activities for Pay.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University employees who are exempt from the State Human Resources Act (Chapter 126 of the General Statutes) pursuant to G.S. 126-5(c1).<br />
<br />
2.2 For employees subject to the State Human Resources Act (SHRA), activities related to political activities and public officeholding are governed by Article 5, Chapter 126 of the North Carolina General Statutes, policies adopted by the Office of State Human Resources (OSHR), and any campus policies adopted in accordance therewith. <br />
<br />
== Definitions ==<br />
<br />
See the [http://www.northcarolina.edu/apps/policy/index.php?pg=toc&id=330&added=1 UNC Policy Manual Sections 300.5.1 and 300.5.2.]<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
Appalachian State University adopts as its policy [http://www.northcarolina.edu/apps/policy/index.php?pg=toc&id=330&added=&return_url=%2Fapps%2Fpolicy%2Findex.php%3Fpg%3Dvs%26id%3D332 ''The UNC Policy Manual'' Sections 300.5.1 and 300.5.2] (as amended April 11, 2014 and as may be amended from time to time), which policies are incorporated in their entirety.<br />
<br />
== Additional References ==<br />
:[http://policy.appstate.edu/images/4/43/Petition_for_Public_Candidacy_and_Officeholding%2C_4824-6511-7216%2C1.docx Appalachian State University Petition for Public Office Candidacy or Public Officeholding]<br />
<br />
:[[External Professional Activities of Faculty and Other Professional Staff]] (Policy 604.3)<br />
<br />
:[[Conflict of Interest and Commitment]] (Policy 604.6)<br />
<br />
:[https://www.northcarolina.edu/Legal-Affairs/Policies-and-Resources UNC General Administration “Petition Regarding Political Activity” (for use by Appalachian Senior Academic and Administrative Officers [SAAOs] and employees running for or assuming a seat in the General Assembly)]<br />
<br />
:[https://generalcounsel.appstate.edu/wp-content/uploads/2023/03/fall-political-memorandum.pdf Political Activity Memorandum], issued by the Office of General Counsel<br />
<br />
:[https://generalcounsel.appstate.edu/wp-content/uploads/2023/02/Update-to-Political-Activity-Memo-02.27.2023.pdf Update to Political Activity Memorandum, February 27, 2023], issued by the Office of General Counsel.<br />
<br />
== Authority ==<br />
:[http://www.northcarolina.edu/apps/policy/index.php?pg=vs&id=331&added=1 The UNC Policy Manual 300.5.1]<br />
:[http://www.northcarolina.edu/apps/policy/index.php?pg=vs&id=332&added=1 The UNC Policy Manual 300.5.2]<br />
<br />
== Contact Information ==<br />
:Office of General Counsel (828-262-2751)<br />
<br />
== Original Effective Date ==<br />
:July 23, 2015<br />
<br />
== Revision Dates ==<br />
<br />
:March 23, 2017<br />
[[Category:Contents]]<br />
[[Category:Human Resources]]<br />
[[Category:Conflicts of Interest and Commitment]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Digital_Accessibility&diff=12481Digital Accessibility2023-02-14T16:20:09Z<p>Blockermg: /* Exceptions */</p>
<hr />
<div>Policy 909<br />
<br />
== Purpose ==<br />
<br />
'''1.1''' This policy seeks to provide direction on creating an accessible experience that enhances usability for everyone. Implementation of this policy ensures all individuals have access to Digital Content, Resources, and Technology (“Digital Material”) provided by or on behalf of the University.<br />
<br />
== Scope ==<br />
<br />
'''2.1''' This policy applies to all University Constituents and third parties, under circumstances within the University’s control, who distribute, host, otherwise make available, or obtain Digital Material when conducting University Business.<br />
This policy applies to all University Digital Material regardless of audience or authentication required, including but not limited to:<br />
# '''Web''': All websites, Web pages and Web-based software published or hosted by the University or used to conduct University business (including remotely hosted sites and software). <br />
# '''Instructional Materials''': All electronic instructional materials, optional and required, must be Accessible. This includes, but is not limited to, syllabi, textbooks, presentations and handouts delivered within the University’s learning management system, via email or via another electronic means for face-to-face classes as well as online courses. It also includes electronic instructional activities such as instructional videos, online collaborative writing, Web conferencing, blogging, etc.<br />
# '''Documents''': All University produced, maintained or distributed electronic documents must be Accessible. This includes, but is not limited to, word processing documents, PDFs, presentations, publications and spreadsheets that are scanned, uploaded, posted or otherwise published or distributed electronically.<br />
# '''Electronic Media''': All electronic multimedia resources used by the University for instruction, communication, marketing, promotion or other academic or business purposes must be Accessible.<br />
# '''Software, Hardware and IT Systems''': All software, hardware and IT systems used for academic and research purposes, administrative and business purposes, and customer service must be Accessible and produce Accessible products or content, which includes compatibility with assistive technology. Software, hardware and IT systems include, but are not limited to, learning management, content management, library systems, email, human resources administration, financial systems, course or event registration, freeware, shareware, enterprise systems and online or remotely hosted software.<br />
# '''Procurement/Purchases''': The University will purchase electronic products and solutions, including, but not limited to, software, operating systems, Web-based applications, video and multimedia, that meet or exceed the above Accessibility standards. The University recommends that all requests for proposals from and contracts with vendors include language that outlines this requirement and provides stipulations for how the vendor is expected to demonstrate compliance.<br />
<br />
== Definitions ==<br />
<br />
=== Accessible ===<br />
:When an individual with a disability is afforded the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability in an equally effective and equally integrated manner, with substantially equivalent ease of use.<br />
=== Digital Content, Resources, and/or Technology ===<br />
:(also referred to as “Digital Material”) Information, products, and services available for download or distribution in an electronic format or presented on a web page or through a web or other computer application.<br />
=== Equally Effective Alternative ===<br />
: Alternative access to electronic content that, while not required to produce the identical result or level of achievement, affords an individual with a disability equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement in the most integrated setting appropriate to the individual’s needs.<br />
=== Existing Digital Material ===<br />
: Includes all Digital Content, Resources, and Technology developed or procured prior to the effective date of this Standard, including Digital Content, Resources, or Technology that is archived.<br />
=== Fundamental Alteration ===<br />
: A change so significant that it affects the essential nature of the instruction, program or activity provided.<br />
=== New Digital Material ===<br />
: Includes all Digital Content, Resources, and Technology developed or procured after the effective date of this Standard.<br />
=== Timely ===<br />
: as it relates to equally effective alternative access to electronic content, timely means that the individual with a disability receives access to electronic content in a reasonable time frame that meets the needs of the individual based on the circumstances.<br />
=== Undue Burden ===<br />
: A significant disruption, expense, or difficulty that may result by the provision of accessible Digital Content, Resources, or Technology.<br />
=== University Business ===<br />
: Activities carried out on behalf of Appalachian State University. University Business does not include activities organized or conducted by students when not designated to act on behalf of the University or by student organizations.<br />
=== University Constituents ===<br />
: Appalachian State University faculty, staff, students, retirees, and other affiliates, contractors, distance learners, visiting scholars, and others who use or access Appalachian State University resources.<br />
<br />
== Policy Statements ==<br />
=== Federal and State Requirement ===<br />
: '''4.1.1''' The University will abide by Federal and state law requirements for Accessibility. Minimum requirements are described in this policy. <br />
<br />
=== Minimum Standards ===<br />
<br />
: '''4.2.1''' New Digital Material provided by Appalachian State University must meet minimum Accessibility requirements, except where doing so would impose a Fundamental Alteration or Undue Burden.<br />
: '''4.2.2''' The following requirements apply to specific types of content, resources, and technology:<br />
:*Web Content Accessibility Guidelines (WCAG) 2.1 Level AA<br />
:*Authoring Tool Accessibility Guidelines (ATAG) 2.0 for tools that support web content authoring (e.g. HTML editors, software for generating websites, multimedia authoring tools, wikis, and blogs, etc.)<br />
<br />
:These requirements serve as the basis for “Universal Design” principles. Use of these principles and compliance with the above requirements is intended to result in a welcoming and equitable digital experience for a wide range of people regardless of ability, disability, or use of assistive technology.<br />
<br />
=== Responsibility of University Constituents ===<br />
: '''4.3.1''' Digital accessibility compliance oversight is shared by the Office of Disability Resources, University Communications and Electronic Student Services, and Information Technology Services. These units provide resources and guidance to University Constituents in their responsibilities for Accessible Digital Media.<br />
: '''4.3.2''' Oversight of this policy is delegated to the head of the University unit such as a Dean, Department Chair, Director, etc. This individual will serve as the Digital Accessibility Liaison and is responsible for compliance with all University policies relating to Digital Materials owned or used within their department by University Constituents.<br />
:The lead may designate another University employee to serve as a Digital Accessibility Liaison and address the accessibility of Digital Materials for the department.<br />
:The Digital Accessibility Liaison will take appropriate actions to uphold the accessibility of Digital Materials; communicate this policy, and other applicable accessibility information and practices; collaborate with the offices listed in Section 4.3.1, above, to respond to and resolve accessibility issues resulting from the development, use, maintenance, or purchase of Digital Materials within the department.<br />
<br />
:'''4.3.3''' University Constituents are required to identify and prioritize Existing Digital Material that is not Accessible and develop an action plan to make that Existing Digital Material Accessible. In addition, upon request, University units must make any Existing Digital Material Accessible in a timely manner. In the event Existing Digital Material cannot be made Accessible, the University unit must provide an Equally Effective Alternative.<br />
<br />
:'''4.3.4''' Digital Material compliance activities may be prioritized based on available resources, audience scope, and amount or size of the request or content. When a request for accessible digital content is received, the timeline for making the existing or archived Digital Material accessible must be expedited.<br />
<br />
=== Ongoing Accessibility Evaluation ===<br />
: '''4.4.1''' University Constituents are responsible for evaluating their Digital Material to ensure ongoing compliance with this Policy. Resources must be allocated to this ongoing evaluation, including designation of an appropriate number of Digital Accessibility Liaisons. Upon request, the Office of Disability Resources, University Communications, Electronic Student Services, or Information Technology Services may provide consultation and training assistance as needed.<br />
<br />
=== Exceptions ===<br />
: '''4.5.1''' The following are exceptions to this policy: <br />
:# '''Minimal Use'''<br />If Digital Material will be used by one individual or a small number of ''identified'' individual(s) (such as a small office or a research lab), and the responsible University Constituent confirms that the Digital Material is Accessible to the identified individuals, a ''de minimis'' exception applies to the procurement or development of such Digital Material. The Digital Material is not subject to the evaluation or remediation requirements of this Standard, and there is no requirement to provide an Equally Effective Alternative. This exception no longer applies when the Digital Material is used by individuals other than those originally identified when the Digital Material was developed or procured. Therefore, this exception shall not be used when Digital Material is intended for long-term use or by unknown future users. This exception also no longer applies when an individual notifies the University unit of an accessibility need related to the Digital Material. Once the exception no longer applies, the Digital Material is subject to all requirements of this Standard, including those related to identification and remediation of accessibility issues and to availability of an Equally Effective Alternative.<br />
:# '''Fundamental Alteration or Undue Burden'''<br />If an Equally Effective Alternative cannot be provided because doing so would impose a Fundamental Alteration or an Undue Burden, or if another requirement of this Standard cannot be met, the University Constituent responsible for the Digital Material must request an exception to this Standard through the Office of Disability Resources. <br />
<br />
:'''4.5.2''' If the exception request is not approved, the Office of Disability Resources may assist the University Constituent in creating an action plan including researching other vendors with similar products or identifying alternative methods to achieve the same functional goals.<br />
<br />
:'''4.5.3''' A written explanation for an exception must be tracked and made available upon request. All decisions are final.<br />
<br />
=== Related Requirements ===<br />
:Appalachian State University shall also adhere to the following External Regulations and Consequences:<br />
:# Section 508 of the Rehabilitation Act of 1973<br />
:# Title II of the Americans with Disabilities Act of 1990 and its implementing regulations at 28 C.F.R. Part 35.<br />
:# Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 34 C.F.R. Part 104.<br />
:# North Carolina General Statute § 168A-7 - Discrimination in Public Service<br />
:# Voluntary Product Accessibility Template (VPAT 2.0)<br />
:# W3C’s Web Content Accessibility Guidelines (WCAG) 2.0, Level AA<br />
:# Information and Communication Technology (ICT) Standards and Guidelines<br />
:# Authoring Tool Accessibility Guidelines (ATAG) 2.0<br />
<br />
<br />
== Additional References ==<br />
* Section 508 of the Rehabilitation Act of 1973, as amended<br />
* Web Content Accessibility Guidelines (WCAG) 2.1 Level AA<br />
* Authoring Tool Accessibility Guidelines (ATAG) 2.0 for tools that support web content authoring (e.g. HTML editors, software for generating websites, multimedia authoring tools, wikis, and blogs, etc.)<br />
<br />
== Administrative Unit Contact ==<br />
Office of Disability Resources - (828)262-3056 - [https://odr.appstate.edu/ Office Disability Resources]</div>Blockermghttps://policy.appstate.edu/index.php?title=Digital_Accessibility&diff=12480Digital Accessibility2023-02-14T16:19:26Z<p>Blockermg: /* Additional References */</p>
<hr />
<div>Policy 909<br />
<br />
== Purpose ==<br />
<br />
'''1.1''' This policy seeks to provide direction on creating an accessible experience that enhances usability for everyone. Implementation of this policy ensures all individuals have access to Digital Content, Resources, and Technology (“Digital Material”) provided by or on behalf of the University.<br />
<br />
== Scope ==<br />
<br />
'''2.1''' This policy applies to all University Constituents and third parties, under circumstances within the University’s control, who distribute, host, otherwise make available, or obtain Digital Material when conducting University Business.<br />
This policy applies to all University Digital Material regardless of audience or authentication required, including but not limited to:<br />
# '''Web''': All websites, Web pages and Web-based software published or hosted by the University or used to conduct University business (including remotely hosted sites and software). <br />
# '''Instructional Materials''': All electronic instructional materials, optional and required, must be Accessible. This includes, but is not limited to, syllabi, textbooks, presentations and handouts delivered within the University’s learning management system, via email or via another electronic means for face-to-face classes as well as online courses. It also includes electronic instructional activities such as instructional videos, online collaborative writing, Web conferencing, blogging, etc.<br />
# '''Documents''': All University produced, maintained or distributed electronic documents must be Accessible. This includes, but is not limited to, word processing documents, PDFs, presentations, publications and spreadsheets that are scanned, uploaded, posted or otherwise published or distributed electronically.<br />
# '''Electronic Media''': All electronic multimedia resources used by the University for instruction, communication, marketing, promotion or other academic or business purposes must be Accessible.<br />
# '''Software, Hardware and IT Systems''': All software, hardware and IT systems used for academic and research purposes, administrative and business purposes, and customer service must be Accessible and produce Accessible products or content, which includes compatibility with assistive technology. Software, hardware and IT systems include, but are not limited to, learning management, content management, library systems, email, human resources administration, financial systems, course or event registration, freeware, shareware, enterprise systems and online or remotely hosted software.<br />
# '''Procurement/Purchases''': The University will purchase electronic products and solutions, including, but not limited to, software, operating systems, Web-based applications, video and multimedia, that meet or exceed the above Accessibility standards. The University recommends that all requests for proposals from and contracts with vendors include language that outlines this requirement and provides stipulations for how the vendor is expected to demonstrate compliance.<br />
<br />
== Definitions ==<br />
<br />
=== Accessible ===<br />
:When an individual with a disability is afforded the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability in an equally effective and equally integrated manner, with substantially equivalent ease of use.<br />
=== Digital Content, Resources, and/or Technology ===<br />
:(also referred to as “Digital Material”) Information, products, and services available for download or distribution in an electronic format or presented on a web page or through a web or other computer application.<br />
=== Equally Effective Alternative ===<br />
: Alternative access to electronic content that, while not required to produce the identical result or level of achievement, affords an individual with a disability equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement in the most integrated setting appropriate to the individual’s needs.<br />
=== Existing Digital Material ===<br />
: Includes all Digital Content, Resources, and Technology developed or procured prior to the effective date of this Standard, including Digital Content, Resources, or Technology that is archived.<br />
=== Fundamental Alteration ===<br />
: A change so significant that it affects the essential nature of the instruction, program or activity provided.<br />
=== New Digital Material ===<br />
: Includes all Digital Content, Resources, and Technology developed or procured after the effective date of this Standard.<br />
=== Timely ===<br />
: as it relates to equally effective alternative access to electronic content, timely means that the individual with a disability receives access to electronic content in a reasonable time frame that meets the needs of the individual based on the circumstances.<br />
=== Undue Burden ===<br />
: A significant disruption, expense, or difficulty that may result by the provision of accessible Digital Content, Resources, or Technology.<br />
=== University Business ===<br />
: Activities carried out on behalf of Appalachian State University. University Business does not include activities organized or conducted by students when not designated to act on behalf of the University or by student organizations.<br />
=== University Constituents ===<br />
: Appalachian State University faculty, staff, students, retirees, and other affiliates, contractors, distance learners, visiting scholars, and others who use or access Appalachian State University resources.<br />
<br />
== Policy Statements ==<br />
=== Federal and State Requirement ===<br />
: '''4.1.1''' The University will abide by Federal and state law requirements for Accessibility. Minimum requirements are described in this policy. <br />
<br />
=== Minimum Standards ===<br />
<br />
: '''4.2.1''' New Digital Material provided by Appalachian State University must meet minimum Accessibility requirements, except where doing so would impose a Fundamental Alteration or Undue Burden.<br />
: '''4.2.2''' The following requirements apply to specific types of content, resources, and technology:<br />
:*Web Content Accessibility Guidelines (WCAG) 2.1 Level AA<br />
:*Authoring Tool Accessibility Guidelines (ATAG) 2.0 for tools that support web content authoring (e.g. HTML editors, software for generating websites, multimedia authoring tools, wikis, and blogs, etc.)<br />
<br />
:These requirements serve as the basis for “Universal Design” principles. Use of these principles and compliance with the above requirements is intended to result in a welcoming and equitable digital experience for a wide range of people regardless of ability, disability, or use of assistive technology.<br />
<br />
=== Responsibility of University Constituents ===<br />
: '''4.3.1''' Digital accessibility compliance oversight is shared by the Office of Disability Resources, University Communications and Electronic Student Services, and Information Technology Services. These units provide resources and guidance to University Constituents in their responsibilities for Accessible Digital Media.<br />
: '''4.3.2''' Oversight of this policy is delegated to the head of the University unit such as a Dean, Department Chair, Director, etc. This individual will serve as the Digital Accessibility Liaison and is responsible for compliance with all University policies relating to Digital Materials owned or used within their department by University Constituents.<br />
:The lead may designate another University employee to serve as a Digital Accessibility Liaison and address the accessibility of Digital Materials for the department.<br />
:The Digital Accessibility Liaison will take appropriate actions to uphold the accessibility of Digital Materials; communicate this policy, and other applicable accessibility information and practices; collaborate with the offices listed in Section 4.3.1, above, to respond to and resolve accessibility issues resulting from the development, use, maintenance, or purchase of Digital Materials within the department.<br />
<br />
:'''4.3.3''' University Constituents are required to identify and prioritize Existing Digital Material that is not Accessible and develop an action plan to make that Existing Digital Material Accessible. In addition, upon request, University units must make any Existing Digital Material Accessible in a timely manner. In the event Existing Digital Material cannot be made Accessible, the University unit must provide an Equally Effective Alternative.<br />
<br />
:'''4.3.4''' Digital Material compliance activities may be prioritized based on available resources, audience scope, and amount or size of the request or content. When a request for accessible digital content is received, the timeline for making the existing or archived Digital Material accessible must be expedited.<br />
<br />
=== Ongoing Accessibility Evaluation ===<br />
: '''4.4.1''' University Constituents are responsible for evaluating their Digital Material to ensure ongoing compliance with this Policy. Resources must be allocated to this ongoing evaluation, including designation of an appropriate number of Digital Accessibility Liaisons. Upon request, the Office of Disability Resources, University Communications, Electronic Student Services, or Information Technology Services may provide consultation and training assistance as needed.<br />
<br />
=== Exceptions ===<br />
: '''4.5.1''' The following are exceptions to this policy: <br />
:# '''Minimal Use'''<br />If Digital Material will be used by one individual or a small number of ''identified'' individual(s) (such as a small office or a research lab), and the responsible University Constituent confirms that the Digital Material is Accessible to the identified individuals, a ''de minimis'' exception applies to the procurement or development of such Digital Material. The Digital Material is not subject to the evaluation or remediation requirements of this Standard, and there is no requirement to provide an Equally Effective Alternative.This exception no longer applies when the Digital Material is used by individuals other than those originally identified when the Digital Material was developed or procured. Therefore, this exception shall not be used when Digital Material is intended for long-term use or by unknown future users. This exception also no longer applies when an individual notifies the University unit of an accessibility need related to the Digital Material. Once the exception no longer applies, the Digital Material is subject to all requirements of this Standard, including those related to identification and remediation of accessibility issues and to availability of an Equally Effective Alternative.<br />
:# '''Fundamental Alteration or Undue Burden'''<br />If an Equally Effective Alternative cannot be provided because doing so would impose a Fundamental Alteration or an Undue Burden, or if another requirement of this Standard cannot be met, the University Constituent responsible for the Digital Material must request an exception to this Standard through the Office of Disability Resources. <br />
<br />
:'''4.5.2''' If the exception request is not approved, the Office of Disability Resources may assist the University Constituent in creating an action plan including researching other vendors with similar products or identifying alternative methods to achieve the same functional goals.<br />
<br />
:'''4.5.3''' A written explanation for an exception must be tracked and made available upon request. All decisions are final.<br />
<br />
=== Related Requirements ===<br />
:Appalachian State University shall also adhere to the following External Regulations and Consequences:<br />
:# Section 508 of the Rehabilitation Act of 1973<br />
:# Title II of the Americans with Disabilities Act of 1990 and its implementing regulations at 28 C.F.R. Part 35.<br />
:# Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 34 C.F.R. Part 104.<br />
:# North Carolina General Statute § 168A-7 - Discrimination in Public Service<br />
:# Voluntary Product Accessibility Template (VPAT 2.0)<br />
:# W3C’s Web Content Accessibility Guidelines (WCAG) 2.0, Level AA<br />
:# Information and Communication Technology (ICT) Standards and Guidelines<br />
:# Authoring Tool Accessibility Guidelines (ATAG) 2.0<br />
<br />
<br />
== Additional References ==<br />
* Section 508 of the Rehabilitation Act of 1973, as amended<br />
* Web Content Accessibility Guidelines (WCAG) 2.1 Level AA<br />
* Authoring Tool Accessibility Guidelines (ATAG) 2.0 for tools that support web content authoring (e.g. HTML editors, software for generating websites, multimedia authoring tools, wikis, and blogs, etc.)<br />
<br />
== Administrative Unit Contact ==<br />
Office of Disability Resources - (828)262-3056 - [https://odr.appstate.edu/ Office Disability Resources]</div>Blockermghttps://policy.appstate.edu/index.php?title=Digital_Accessibility&diff=12479Digital Accessibility2023-02-14T16:18:10Z<p>Blockermg: /* Minimum Standards */</p>
<hr />
<div>Policy 909<br />
<br />
== Purpose ==<br />
<br />
'''1.1''' This policy seeks to provide direction on creating an accessible experience that enhances usability for everyone. Implementation of this policy ensures all individuals have access to Digital Content, Resources, and Technology (“Digital Material”) provided by or on behalf of the University.<br />
<br />
== Scope ==<br />
<br />
'''2.1''' This policy applies to all University Constituents and third parties, under circumstances within the University’s control, who distribute, host, otherwise make available, or obtain Digital Material when conducting University Business.<br />
This policy applies to all University Digital Material regardless of audience or authentication required, including but not limited to:<br />
# '''Web''': All websites, Web pages and Web-based software published or hosted by the University or used to conduct University business (including remotely hosted sites and software). <br />
# '''Instructional Materials''': All electronic instructional materials, optional and required, must be Accessible. This includes, but is not limited to, syllabi, textbooks, presentations and handouts delivered within the University’s learning management system, via email or via another electronic means for face-to-face classes as well as online courses. It also includes electronic instructional activities such as instructional videos, online collaborative writing, Web conferencing, blogging, etc.<br />
# '''Documents''': All University produced, maintained or distributed electronic documents must be Accessible. This includes, but is not limited to, word processing documents, PDFs, presentations, publications and spreadsheets that are scanned, uploaded, posted or otherwise published or distributed electronically.<br />
# '''Electronic Media''': All electronic multimedia resources used by the University for instruction, communication, marketing, promotion or other academic or business purposes must be Accessible.<br />
# '''Software, Hardware and IT Systems''': All software, hardware and IT systems used for academic and research purposes, administrative and business purposes, and customer service must be Accessible and produce Accessible products or content, which includes compatibility with assistive technology. Software, hardware and IT systems include, but are not limited to, learning management, content management, library systems, email, human resources administration, financial systems, course or event registration, freeware, shareware, enterprise systems and online or remotely hosted software.<br />
# '''Procurement/Purchases''': The University will purchase electronic products and solutions, including, but not limited to, software, operating systems, Web-based applications, video and multimedia, that meet or exceed the above Accessibility standards. The University recommends that all requests for proposals from and contracts with vendors include language that outlines this requirement and provides stipulations for how the vendor is expected to demonstrate compliance.<br />
<br />
== Definitions ==<br />
<br />
=== Accessible ===<br />
:When an individual with a disability is afforded the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability in an equally effective and equally integrated manner, with substantially equivalent ease of use.<br />
=== Digital Content, Resources, and/or Technology ===<br />
:(also referred to as “Digital Material”) Information, products, and services available for download or distribution in an electronic format or presented on a web page or through a web or other computer application.<br />
=== Equally Effective Alternative ===<br />
: Alternative access to electronic content that, while not required to produce the identical result or level of achievement, affords an individual with a disability equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement in the most integrated setting appropriate to the individual’s needs.<br />
=== Existing Digital Material ===<br />
: Includes all Digital Content, Resources, and Technology developed or procured prior to the effective date of this Standard, including Digital Content, Resources, or Technology that is archived.<br />
=== Fundamental Alteration ===<br />
: A change so significant that it affects the essential nature of the instruction, program or activity provided.<br />
=== New Digital Material ===<br />
: Includes all Digital Content, Resources, and Technology developed or procured after the effective date of this Standard.<br />
=== Timely ===<br />
: as it relates to equally effective alternative access to electronic content, timely means that the individual with a disability receives access to electronic content in a reasonable time frame that meets the needs of the individual based on the circumstances.<br />
=== Undue Burden ===<br />
: A significant disruption, expense, or difficulty that may result by the provision of accessible Digital Content, Resources, or Technology.<br />
=== University Business ===<br />
: Activities carried out on behalf of Appalachian State University. University Business does not include activities organized or conducted by students when not designated to act on behalf of the University or by student organizations.<br />
=== University Constituents ===<br />
: Appalachian State University faculty, staff, students, retirees, and other affiliates, contractors, distance learners, visiting scholars, and others who use or access Appalachian State University resources.<br />
<br />
== Policy Statements ==<br />
=== Federal and State Requirement ===<br />
: '''4.1.1''' The University will abide by Federal and state law requirements for Accessibility. Minimum requirements are described in this policy. <br />
<br />
=== Minimum Standards ===<br />
<br />
: '''4.2.1''' New Digital Material provided by Appalachian State University must meet minimum Accessibility requirements, except where doing so would impose a Fundamental Alteration or Undue Burden.<br />
: '''4.2.2''' The following requirements apply to specific types of content, resources, and technology:<br />
:*Web Content Accessibility Guidelines (WCAG) 2.1 Level AA<br />
:*Authoring Tool Accessibility Guidelines (ATAG) 2.0 for tools that support web content authoring (e.g. HTML editors, software for generating websites, multimedia authoring tools, wikis, and blogs, etc.)<br />
<br />
:These requirements serve as the basis for “Universal Design” principles. Use of these principles and compliance with the above requirements is intended to result in a welcoming and equitable digital experience for a wide range of people regardless of ability, disability, or use of assistive technology.<br />
<br />
=== Responsibility of University Constituents ===<br />
: '''4.3.1''' Digital accessibility compliance oversight is shared by the Office of Disability Resources, University Communications and Electronic Student Services, and Information Technology Services. These units provide resources and guidance to University Constituents in their responsibilities for Accessible Digital Media.<br />
: '''4.3.2''' Oversight of this policy is delegated to the head of the University unit such as a Dean, Department Chair, Director, etc. This individual will serve as the Digital Accessibility Liaison and is responsible for compliance with all University policies relating to Digital Materials owned or used within their department by University Constituents.<br />
:The lead may designate another University employee to serve as a Digital Accessibility Liaison and address the accessibility of Digital Materials for the department.<br />
:The Digital Accessibility Liaison will take appropriate actions to uphold the accessibility of Digital Materials; communicate this policy, and other applicable accessibility information and practices; collaborate with the offices listed in Section 4.3.1, above, to respond to and resolve accessibility issues resulting from the development, use, maintenance, or purchase of Digital Materials within the department.<br />
<br />
:'''4.3.3''' University Constituents are required to identify and prioritize Existing Digital Material that is not Accessible and develop an action plan to make that Existing Digital Material Accessible. In addition, upon request, University units must make any Existing Digital Material Accessible in a timely manner. In the event Existing Digital Material cannot be made Accessible, the University unit must provide an Equally Effective Alternative.<br />
<br />
:'''4.3.4''' Digital Material compliance activities may be prioritized based on available resources, audience scope, and amount or size of the request or content. When a request for accessible digital content is received, the timeline for making the existing or archived Digital Material accessible must be expedited.<br />
<br />
=== Ongoing Accessibility Evaluation ===<br />
: '''4.4.1''' University Constituents are responsible for evaluating their Digital Material to ensure ongoing compliance with this Policy. Resources must be allocated to this ongoing evaluation, including designation of an appropriate number of Digital Accessibility Liaisons. Upon request, the Office of Disability Resources, University Communications, Electronic Student Services, or Information Technology Services may provide consultation and training assistance as needed.<br />
<br />
=== Exceptions ===<br />
: '''4.5.1''' The following are exceptions to this policy: <br />
:# '''Minimal Use'''<br />If Digital Material will be used by one individual or a small number of ''identified'' individual(s) (such as a small office or a research lab), and the responsible University Constituent confirms that the Digital Material is Accessible to the identified individuals, a ''de minimis'' exception applies to the procurement or development of such Digital Material. The Digital Material is not subject to the evaluation or remediation requirements of this Standard, and there is no requirement to provide an Equally Effective Alternative.This exception no longer applies when the Digital Material is used by individuals other than those originally identified when the Digital Material was developed or procured. Therefore, this exception shall not be used when Digital Material is intended for long-term use or by unknown future users. This exception also no longer applies when an individual notifies the University unit of an accessibility need related to the Digital Material. Once the exception no longer applies, the Digital Material is subject to all requirements of this Standard, including those related to identification and remediation of accessibility issues and to availability of an Equally Effective Alternative.<br />
:# '''Fundamental Alteration or Undue Burden'''<br />If an Equally Effective Alternative cannot be provided because doing so would impose a Fundamental Alteration or an Undue Burden, or if another requirement of this Standard cannot be met, the University Constituent responsible for the Digital Material must request an exception to this Standard through the Office of Disability Resources. <br />
<br />
:'''4.5.2''' If the exception request is not approved, the Office of Disability Resources may assist the University Constituent in creating an action plan including researching other vendors with similar products or identifying alternative methods to achieve the same functional goals.<br />
<br />
:'''4.5.3''' A written explanation for an exception must be tracked and made available upon request. All decisions are final.<br />
<br />
=== Related Requirements ===<br />
:Appalachian State University shall also adhere to the following External Regulations and Consequences:<br />
:# Section 508 of the Rehabilitation Act of 1973<br />
:# Title II of the Americans with Disabilities Act of 1990 and its implementing regulations at 28 C.F.R. Part 35.<br />
:# Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 34 C.F.R. Part 104.<br />
:# North Carolina General Statute § 168A-7 - Discrimination in Public Service<br />
:# Voluntary Product Accessibility Template (VPAT 2.0)<br />
:# W3C’s Web Content Accessibility Guidelines (WCAG) 2.0, Level AA<br />
:# Information and Communication Technology (ICT) Standards and Guidelines<br />
:# Authoring Tool Accessibility Guidelines (ATAG) 2.0<br />
<br />
<br />
== Additional References ==<br />
* Section 508 of the Rehabilitation Act of 1973, as amended<br />
* Web Content Accessibility Guidelines (WCAG) 2.0 Level AA<br />
* Authoring Tool Accessibility Guidelines (ATAG) 2.0 for tools that support web content authoring (e.g. HTML editors, software for generating websites, multimedia authoring tools, wikis and blogs, etc.)<br />
<br />
== Administrative Unit Contact ==<br />
Office of Disability Resources - (828)262-3056 - [https://odr.appstate.edu/ Office Disability Resources]</div>Blockermghttps://policy.appstate.edu/index.php?title=Discrimination,_Harassment,_Retaliation_and_Sex-Based_Misconduct&diff=12475Discrimination, Harassment, Retaliation and Sex-Based Misconduct2022-11-04T20:46:40Z<p>Blockermg: /* Policy Implementation */</p>
<hr />
<div>Policy 110<br />
== Introduction ==<br />
1.1 The purpose of this policy is to support Appalachian State University's ("Appalachian") commitment to providing an institutional environment free from discrimination and harassment.<br />
<br />
1.2 This policy serves to address prohibited conduct adverse to Appalachian's commitment to preventing discrimination and harassment, as well as to provide an administrative framework and oversight for reporting, investigating, adjudicating, and resolving violations of this policy.<br />
<br />
== Scope ==<br />
<br />
2.1 This policy applies to all members of the Appalachian community, including students, faculty, staff and others who either participate in University programs or activities, or conduct business on behalf of the University.<br />
<br />
2.2 This policy applies both to prohibited conduct that occurs: (a) on property owned or controlled by Appalachian, or (b) on property owned or controlled by non-Appalachian entities or individuals that has an adverse or detrimental effect on Appalachian and its employees, employment applicants, students, visitors or volunteers.<br />
<br />
2.3 Allegations of harassment and discrimination based on gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, or stalking, are subject to this policy and Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]]. If there is a conflict between Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] and this policy for the statuses and conduct referenced in this subsection, then Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] shall be controlling.<br />
<br />
== Definitions ==<br />
<br />
=== Discrimination ===<br />
Conduct based on an individual's Protected Status that is an unlawful or otherwise prohibited preference for, or detrimental treatment of, one individual compared to other individuals. The conduct must be sufficiently serious to unreasonably interfere with or limit:<br />
<br />
:(a) an employee or employment applicant's access to employment, terms, conditions or benefits of employment (e.g., hiring, advancement, assignment, etc.);<br />
:(b) a student or admission applicant's ability to participate in, access or benefit from University programs, services, or activities (e.g., admission, academic standing, grades, assignments, campus housing, etc.); or<br />
:(c) a volunteer or visitor's ability to participate in, access or benefit from or deliver University's programs or services.<br />
<br />
=== Harassment ===<br />
Communication or conduct (e.g. verbal, physical, electronic, written, etc.) that creates a Hostile Environment or involves a Quid Pro Quo exchange for an individual within a Protected Status that unreasonably interferes with the individual's:<br />
:(a) educational environment (e.g., admission, academic standing, grades, assignments, etc.);<br />
:(b) work environment (e.g., hiring, advancement, assignment, etc.); or<br />
:(c) participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.).<br />
<br />
====Hostile Environment====<br />
:Conduct based on Protected Status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a University program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute a Hostile Environment.<br />
<br />
====Quid Pro Quo====<br />
:Conduct based on Protected Status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual's education, employment, or participation in a University program or activity.<br />
<br />
=== Protected Status ===<br />
Classes of people who receive certain protections under applicable federal and state law, and UNC System policies, because of their age, color, disability, gender, gender expression, gender identity, genetic information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status.<br />
<br />
=== Retaliation ===<br />
Any adverse action against an individual, or an individual's spouse, partner, or other person with a close personal relation, for: (a) making or supporting a claim of Discrimination or Harassment, (b) opposing any Discrimination or Harassment, (c) participating in the reporting, investigation, or resolution of alleged violation(s) under this policy, or (d) otherwise engaging in a protected activity under this policy or other associated University policies. Examples of Retaliation include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report or complaint made in good faith was not substantiated.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Prohibited Conduct ===<br />
All members of the Appalachian community are prohibited from engaging in Discrimination, Harassment, or Retaliation (collectively, "Prohibited Conduct").<br />
<br />
=== Reporting ===<br />
====Reporting and Review of Prohibited Conduct====<br />
Allegations of Prohibited Conduct should be reported as promptly as possible to the applicable administrative office as identified in Section 4.4. Allegations must be reviewed and processed by the applicable administrative office in accordance with this policy and administrative office procedures, as further referenced in Section 4.4. Allegations of Prohibited Conduct should be disclosed to an administrative office by submitting either an informal report or formal complaint:<br />
:(a) an informal report is a disclosure of information alleging the occurrence of Prohibited Conduct that may result in a subsequent formal complaint being made by an individual or University representative; and<br />
:(b) a formal complaint is a written allegation of Prohibited Conduct made by an individual or a University representative requesting the University to address the alleged behavior through a resolution process.<br />
<br />
====Supportive / Interim Measures====<br />
Upon receiving an informal report or formal complaint, the appropriate administrative office reviewing allegation(s) of Prohibited Conduct may impose reasonable interim measures to temporarily address allegations to ensure a safe and nondiscriminatory environment. The measures imposed will be identified on a case-by-case basis, and Appalachian will balance the burden placed on members of the Appalachian community with its interest in ensuring a safe and nondiscriminatory environment.<br />
<br />
====Employee Reporting====<br />
:4.2.3.1 Mandatory Title IX Responsible Employee Reporting<br />
:Upon receiving any information that may indicate the occurrence of Prohibited Conduct based on the Protected Status of gender, gender expression, gender identity, sex, or sexual orientation, the following employees are required to report the information to the Office of Title IX Compliance as promptly as possible, but in no event after seventy-two (72) hours: Faculty, Coaching Staff in the Athletics Department, Office of Human Resources Staff, University Housing Staff, and other University staff with supervisory responsibility.<br />
<br />
:4.2.3.2 Other Employee Reporting<br />
:As promptly as possible, upon receiving any information that may indicate the occurrence of Prohibited Conduct based on a Protected Status that is not referenced in Section 4.2.3.1, employees should report the information to the appropriate administrative office identified in Section 4.4.<br />
<br />
:4.2.3.3 Confidential Resources<br />
:Confidential Resources are employees in designated University departments who are responsible for maintaining the confidentiality of information they receive while acting within the scope of their employment capacity. These employees may not report information they obtain on allegations of Prohibited Conduct, unless:<br />
<br />
::(a) they obtain permission from the recipient of the Prohibited Conduct, as addressed under this policy;<br />
::(b) there is a threat to the health or safety of the individual or others; or<br />
::(c) there is a legal obligation (e.g., suspected abuse or neglect of a minor).<br />
<br />
:Employees, in the following University departments, are considered "Confidential Resources" and are exempt from reporting obligations referenced in Section 4.2.3.1 and Section 4.2.3.2: Counseling for Faculty and Staff, Counseling and Psychological Services, ComPsych (or a similar service provider), Psychology Clinic, Student Legal Clinic, Student Health Services, and University Ombuds<br />
<br />
:4.2.3.4 Other Exemptions<br />
:Employees are not required to report information disclosed at public awareness events and programs open to the public in which attendees disclose incidents of Prohibited Conduct, nor are they required to report information obtained during an individual's participation as a subject in an approved Institutional Review Board ("IRB") human subjects research study, unless the disclosing party also initiates an informal report or formal complaint under this policy.<br />
<br />
====Complainants and Respondents====<br />
For purposes of this policy and administrative office procedures:<br />
:(a) a reporting party or "Complainant" is a person who submits an informal report or formal complaint regarding Prohibited Conduct under this policy; and<br />
:(b) a responding party or "Respondent" is a person who is alleged to have committed a Prohibited Conduct under this policy.<br />
<br />
====Privacy and Confidentiality====<br />
Information obtained by Appalachian in response to allegations of Prohibited Conduct will be reviewed in a manner that balances an individual's preferences for privacy with Appalachian’s legal obligations, as well as, its obligations to provide a safe and nondiscriminatory environment. Complete confidentiality cannot be guaranteed, and information may be shared with others when necessary to investigate or address the Prohibited Conduct, to prevent its recurrence, or to fulfill legal obligations.<br />
<br />
=== Standard of Proof ===<br />
For purposes of this policy, the standard of proof used to determine the level of evidence needed to determine whether an individual is responsible for an alleged violation(s) will be the preponderance of the evidence. This simply means that the evidence presented to the administrative office responsible for the review or investigation of the alleged violation tends to prove that it is more likely than not that the alleged respondent(s) violated this policy. This determination must be based solely on the information presented, which may include, but is not limited to pertinent records (e.g., formal complaints, police reports, investigation reports), exhibits (e.g., photographs, audio/video information, electronic communications including social media), and written or oral statements of the parties or witnesses. Formal rules of evidence and procedure do not apply.<br />
<br />
=== Policy Implementation ===<br />
4.4.1 Administrative offices at Appalachian have been identified and tasked with the administration and implementation of this policy. These administrative offices work both independently and jointly to safeguard Appalachian in carrying out the University's commitment to providing an educational or employment environment free from Discrimination and Harassment. Each administrative office will author and publish procedures to process informal reports and formal complaints that will be assessed, investigated, and otherwise resolved in compliance with applicable federal and state laws and regulations, UNC System policies, and policies of the University, as well as in collaboration with other administrative offices.<br />
<br />
4.4.2 The administrative offices below are responsible for administrating and implementing this policy (e.g., investigating and adjudicating an alleged violation of Discrimination and Harassment). Each identified office is responsible for collecting reports, questions, and comments, as well as conducting reviews and investigations, related to their office responsibilities. These offices will also be responsible for University Discrimination and Harassment prevention and response training in their respective areas. All reporting, questions, or comments that fall within the scope of this policy should be directed to the applicable administrative office as identified below. Depending on the facts and circumstances, more than one administrative office may be responsible for reviewing a matter that falls within the scope of this policy.<br />
<br />
{| class="wikitable"<br />
! Administrative Office !! Responsibility<br />
|-<br />
| Office of Academic Affairs || Reviews all Prohibited Conduct matters governed under this policy pertaining to faculty employment-related matters.<br />
<br />
Any Prohibited Conduct reporting regarding a faculty- member or faculty-member applicant for employment, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Faculty Handbook.<br />
|-<br />
| Office of Disability Resources || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to disability accommodations or accessibility.<br />
<br />
Any Prohibited Conduct reporting on the basis of disability accommodations or accessibility, or questions or comments related to this policy, should be directed to this office.<br />
|-<br />
| Equal Employment Opportunity || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to SHRA, EHRA non- faculty, temporary, and student employee employment- related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to faculty employment-related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Any Prohibited Conduct reporting regarding a SHRA, EHRA non-faculty, student employee, or temporary employee, or applicant for employment under one of these classifications, or questions or comments related to this policy, should be directed to the Equal Employment Opportunity Officer.<br />
<br />
|-<br />
| Office of Student Conduct || Any Prohibited Conduct reporting related to student conduct, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Code of Student Conduct and Academic Integrity Code.<br />
|-<br />
| Office of Title IX Compliance || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to gender, gender, expression, gender identity, sex or sexual orientation.<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to gender, gender expression, gender identity, sex or sexual orientation.<br />
<br />
Any Prohibited Conduct reporting related to gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, and stalking, or questions or comments related to this policy, should be directed to this Office.<br />
|}<br />
<br />
=== Enforcement ===<br />
Appalachian will enforce violations of this policy in accordance with applicable federal and state law, and UNC System policies. Violations of this policy, including but not limited to the engagement of Discrimination, Harassment, or Retaliation, as defined by this policy, or a Responsible Employee's failure to disclose Discrimination, Harassment, or Retaliation, may result in grounds for disciplinary action, up to and including termination or expulsion.<br />
<br />
=== Academic Freedom ===<br />
As permitted by federal and state law, Appalachian supports and encourages full freedom of inquiry, discourse, teaching, research, and publication. Such opportunities are afforded in pursuit of knowledge and learning without fear of sanction, unless the manner of expression is found through the administration of this policy to substantially impair the rights of others.<br />
<br />
=== Appeals ===<br />
Appeals of University decisions will be addressed according to the procedures provided by the respective administrative office responsible for the review or investigation of the alleged violation. Each administrative office will author and publish procedures to resolve appeals.<br />
<br />
== Additional References ==<br />
:[https://studentconduct.appstate.edu/ Code of Student Conduct]<br />
:[[Equal Opportunity]]<br />
:[[EHRA Non-Faculty Grievances]]<br />
:[https://facultyhandbook.appstate.edu/ Faculty Handbook]<br />
:[[SHRA_Grievance_and_Appeal]]<br />
:[https://www.northcarolina.edu/apps/policy/index.php?pg=dl&id=10866&format=pdf&inline=1 The UNC Policy Manual, Chapter 100.1, The Code, Section 103]<br />
<br />
== Authority ==<br />
:North Carolina Office of State Human Resources - Unlawful Workplace Harassment<br />
:North Carolina Office of State Human Resources - Reasonable Accommodation<br />
:The UNC Policy Manual, Chapter 100.1, The Code, Section 103<br />
:Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)<br />
:Section 504 of the 1973 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)<br />
:Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)<br />
:Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994<br />
:Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)<br />
:Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.) <br />
:Title IX of the Education Amendments Act of 1972<br />
:Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990<br />
:Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)<br />
:Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)<br />
:Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)<br />
:Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.)<br />
:Age Discrimination Act of 1967 (29 U.S.C. 621 et seq.)<br />
:N.C. Gen. Stat. § 95-241<br />
:N.C. Gen. Stat. §§ 126-1.1, 126-5,126-7.1, 126-14, 126-14.1, 126-14.2, 126-16, 126-17, 126-34.01, 126-34.02, 126-82, 126-85<br />
:N.C. Gen. Stat. §§ 168A-3, 168A-5 168A-10<br />
:25 NCAC 01J .1101 and 25 NCAC 01J. 1302<br />
<br />
== Contact Information ==<br />
:Office of Academic Affairs [https://academicaffairs.appstate.edu/] (828-262-2070)<br />
:Office of Disability Resources [https://odr.appstate.edu/] (828-262-3056)<br />
:Office of Human Resources [https://hr.appstate.edu/] (828-262-3186)<br />
:Office of Student Conduct [https://studentconduct.appstate.edu/] (828-262-2704)<br />
:Office of Title IX Compliance [https://titleix.appstate.edu/] (828-262-2144)<br />
:Equal Employment Opportunity (equalopportunity@appstate.edu<br />
<br />
== Original Effective Date ==<br />
:March 6, 2012<br />
<br />
== Revision Dates ==<br />
:June 23, 2012<br />
:April 24, 2014<br />
:December 8, 2015<br />
:June 21, 2017<br />
:July 31, 2018<br />
:March 2, 2020<br />
:August 14, 2020<br />
:November 4, 2022<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Discrimination,_Harassment,_Retaliation_and_Sex-Based_Misconduct&diff=12474Discrimination, Harassment, Retaliation and Sex-Based Misconduct2022-11-04T20:45:19Z<p>Blockermg: /* Policy Implementation */</p>
<hr />
<div>Policy 110<br />
== Introduction ==<br />
1.1 The purpose of this policy is to support Appalachian State University's ("Appalachian") commitment to providing an institutional environment free from discrimination and harassment.<br />
<br />
1.2 This policy serves to address prohibited conduct adverse to Appalachian's commitment to preventing discrimination and harassment, as well as to provide an administrative framework and oversight for reporting, investigating, adjudicating, and resolving violations of this policy.<br />
<br />
== Scope ==<br />
<br />
2.1 This policy applies to all members of the Appalachian community, including students, faculty, staff and others who either participate in University programs or activities, or conduct business on behalf of the University.<br />
<br />
2.2 This policy applies both to prohibited conduct that occurs: (a) on property owned or controlled by Appalachian, or (b) on property owned or controlled by non-Appalachian entities or individuals that has an adverse or detrimental effect on Appalachian and its employees, employment applicants, students, visitors or volunteers.<br />
<br />
2.3 Allegations of harassment and discrimination based on gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, or stalking, are subject to this policy and Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]]. If there is a conflict between Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] and this policy for the statuses and conduct referenced in this subsection, then Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] shall be controlling.<br />
<br />
== Definitions ==<br />
<br />
=== Discrimination ===<br />
Conduct based on an individual's Protected Status that is an unlawful or otherwise prohibited preference for, or detrimental treatment of, one individual compared to other individuals. The conduct must be sufficiently serious to unreasonably interfere with or limit:<br />
<br />
:(a) an employee or employment applicant's access to employment, terms, conditions or benefits of employment (e.g., hiring, advancement, assignment, etc.);<br />
:(b) a student or admission applicant's ability to participate in, access or benefit from University programs, services, or activities (e.g., admission, academic standing, grades, assignments, campus housing, etc.); or<br />
:(c) a volunteer or visitor's ability to participate in, access or benefit from or deliver University's programs or services.<br />
<br />
=== Harassment ===<br />
Communication or conduct (e.g. verbal, physical, electronic, written, etc.) that creates a Hostile Environment or involves a Quid Pro Quo exchange for an individual within a Protected Status that unreasonably interferes with the individual's:<br />
:(a) educational environment (e.g., admission, academic standing, grades, assignments, etc.);<br />
:(b) work environment (e.g., hiring, advancement, assignment, etc.); or<br />
:(c) participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.).<br />
<br />
====Hostile Environment====<br />
:Conduct based on Protected Status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a University program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute a Hostile Environment.<br />
<br />
====Quid Pro Quo====<br />
:Conduct based on Protected Status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual's education, employment, or participation in a University program or activity.<br />
<br />
=== Protected Status ===<br />
Classes of people who receive certain protections under applicable federal and state law, and UNC System policies, because of their age, color, disability, gender, gender expression, gender identity, genetic information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status.<br />
<br />
=== Retaliation ===<br />
Any adverse action against an individual, or an individual's spouse, partner, or other person with a close personal relation, for: (a) making or supporting a claim of Discrimination or Harassment, (b) opposing any Discrimination or Harassment, (c) participating in the reporting, investigation, or resolution of alleged violation(s) under this policy, or (d) otherwise engaging in a protected activity under this policy or other associated University policies. Examples of Retaliation include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report or complaint made in good faith was not substantiated.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Prohibited Conduct ===<br />
All members of the Appalachian community are prohibited from engaging in Discrimination, Harassment, or Retaliation (collectively, "Prohibited Conduct").<br />
<br />
=== Reporting ===<br />
====Reporting and Review of Prohibited Conduct====<br />
Allegations of Prohibited Conduct should be reported as promptly as possible to the applicable administrative office as identified in Section 4.4. Allegations must be reviewed and processed by the applicable administrative office in accordance with this policy and administrative office procedures, as further referenced in Section 4.4. Allegations of Prohibited Conduct should be disclosed to an administrative office by submitting either an informal report or formal complaint:<br />
:(a) an informal report is a disclosure of information alleging the occurrence of Prohibited Conduct that may result in a subsequent formal complaint being made by an individual or University representative; and<br />
:(b) a formal complaint is a written allegation of Prohibited Conduct made by an individual or a University representative requesting the University to address the alleged behavior through a resolution process.<br />
<br />
====Supportive / Interim Measures====<br />
Upon receiving an informal report or formal complaint, the appropriate administrative office reviewing allegation(s) of Prohibited Conduct may impose reasonable interim measures to temporarily address allegations to ensure a safe and nondiscriminatory environment. The measures imposed will be identified on a case-by-case basis, and Appalachian will balance the burden placed on members of the Appalachian community with its interest in ensuring a safe and nondiscriminatory environment.<br />
<br />
====Employee Reporting====<br />
:4.2.3.1 Mandatory Title IX Responsible Employee Reporting<br />
:Upon receiving any information that may indicate the occurrence of Prohibited Conduct based on the Protected Status of gender, gender expression, gender identity, sex, or sexual orientation, the following employees are required to report the information to the Office of Title IX Compliance as promptly as possible, but in no event after seventy-two (72) hours: Faculty, Coaching Staff in the Athletics Department, Office of Human Resources Staff, University Housing Staff, and other University staff with supervisory responsibility.<br />
<br />
:4.2.3.2 Other Employee Reporting<br />
:As promptly as possible, upon receiving any information that may indicate the occurrence of Prohibited Conduct based on a Protected Status that is not referenced in Section 4.2.3.1, employees should report the information to the appropriate administrative office identified in Section 4.4.<br />
<br />
:4.2.3.3 Confidential Resources<br />
:Confidential Resources are employees in designated University departments who are responsible for maintaining the confidentiality of information they receive while acting within the scope of their employment capacity. These employees may not report information they obtain on allegations of Prohibited Conduct, unless:<br />
<br />
::(a) they obtain permission from the recipient of the Prohibited Conduct, as addressed under this policy;<br />
::(b) there is a threat to the health or safety of the individual or others; or<br />
::(c) there is a legal obligation (e.g., suspected abuse or neglect of a minor).<br />
<br />
:Employees, in the following University departments, are considered "Confidential Resources" and are exempt from reporting obligations referenced in Section 4.2.3.1 and Section 4.2.3.2: Counseling for Faculty and Staff, Counseling and Psychological Services, ComPsych (or a similar service provider), Psychology Clinic, Student Legal Clinic, Student Health Services, and University Ombuds<br />
<br />
:4.2.3.4 Other Exemptions<br />
:Employees are not required to report information disclosed at public awareness events and programs open to the public in which attendees disclose incidents of Prohibited Conduct, nor are they required to report information obtained during an individual's participation as a subject in an approved Institutional Review Board ("IRB") human subjects research study, unless the disclosing party also initiates an informal report or formal complaint under this policy.<br />
<br />
====Complainants and Respondents====<br />
For purposes of this policy and administrative office procedures:<br />
:(a) a reporting party or "Complainant" is a person who submits an informal report or formal complaint regarding Prohibited Conduct under this policy; and<br />
:(b) a responding party or "Respondent" is a person who is alleged to have committed a Prohibited Conduct under this policy.<br />
<br />
====Privacy and Confidentiality====<br />
Information obtained by Appalachian in response to allegations of Prohibited Conduct will be reviewed in a manner that balances an individual's preferences for privacy with Appalachian’s legal obligations, as well as, its obligations to provide a safe and nondiscriminatory environment. Complete confidentiality cannot be guaranteed, and information may be shared with others when necessary to investigate or address the Prohibited Conduct, to prevent its recurrence, or to fulfill legal obligations.<br />
<br />
=== Standard of Proof ===<br />
For purposes of this policy, the standard of proof used to determine the level of evidence needed to determine whether an individual is responsible for an alleged violation(s) will be the preponderance of the evidence. This simply means that the evidence presented to the administrative office responsible for the review or investigation of the alleged violation tends to prove that it is more likely than not that the alleged respondent(s) violated this policy. This determination must be based solely on the information presented, which may include, but is not limited to pertinent records (e.g., formal complaints, police reports, investigation reports), exhibits (e.g., photographs, audio/video information, electronic communications including social media), and written or oral statements of the parties or witnesses. Formal rules of evidence and procedure do not apply.<br />
<br />
=== Policy Implementation ===<br />
4.4.1 Administrative offices at Appalachian have been identified and tasked with the administration and implementation of this policy. These administrative offices work both independently and jointly to safeguard Appalachian in carrying out the University's commitment to providing an educational or employment environment free from Discrimination and Harassment. Each administrative office will author and publish procedures to process informal reports and formal complaints that will be assessed, investigated, and otherwise resolved in compliance with applicable federal and state laws and regulations, UNC System policies, and policies of the University, as well as in collaboration with other administrative offices.<br />
<br />
4.4.2 The administrative offices below are responsible for administrating and implementing this policy (e.g., investigating and adjudicating an alleged violation of Discrimination and Harassment). Each identified office is responsible for collecting reports, questions, and comments, as well as conducting reviews and investigations, related to their office responsibilities. These offices will also be responsible for University Discrimination and Harassment prevention and response training in their respective areas. All reporting, questions, or comments that fall within the scope of this policy should be directed to the applicable administrative office as identified below. Depending on the facts and circumstances, more than one administrative office may be responsible for reviewing a matter that falls within the scope of this policy.<br />
<br />
{| class="wikitable"<br />
! Administrative Office !! Responsibility<br />
|-<br />
| Office of Academic Affairs || Reviews all Prohibited Conduct matters governed under this policy pertaining to faculty employment-related matters.<br />
<br />
Any Prohibited Conduct reporting regarding a faculty- member or faculty-member applicant for employment, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Faculty Handbook.<br />
|-<br />
| Office of Disability Resources || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to disability accommodations or accessibility.<br />
<br />
Any Prohibited Conduct reporting on the basis of disability accommodations or accessibility, or questions or comments related to this policy, should be directed to this office.<br />
|-<br />
| Equal Employment Opportunity || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to SHRA, EHRA non- faculty, temporary, and student employee employment- related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to faculty employment-related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Any Prohibited Conduct reporting regarding a SHRA, EHRA non-faculty, student employee, or temporary employee, or applicant for employment under one of these classifications, or questions or comments related to this policy, should be directed to this office.<br />
<br />
|-<br />
| Office of Student Conduct || Any Prohibited Conduct reporting related to student conduct, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Code of Student Conduct and Academic Integrity Code.<br />
|-<br />
| Office of Title IX Compliance || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to gender, gender, expression, gender identity, sex or sexual orientation.<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to gender, gender expression, gender identity, sex or sexual orientation.<br />
<br />
Any Prohibited Conduct reporting related to gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, and stalking, or questions or comments related to this policy, should be directed to this Office.<br />
|}<br />
<br />
=== Enforcement ===<br />
Appalachian will enforce violations of this policy in accordance with applicable federal and state law, and UNC System policies. Violations of this policy, including but not limited to the engagement of Discrimination, Harassment, or Retaliation, as defined by this policy, or a Responsible Employee's failure to disclose Discrimination, Harassment, or Retaliation, may result in grounds for disciplinary action, up to and including termination or expulsion.<br />
<br />
=== Academic Freedom ===<br />
As permitted by federal and state law, Appalachian supports and encourages full freedom of inquiry, discourse, teaching, research, and publication. Such opportunities are afforded in pursuit of knowledge and learning without fear of sanction, unless the manner of expression is found through the administration of this policy to substantially impair the rights of others.<br />
<br />
=== Appeals ===<br />
Appeals of University decisions will be addressed according to the procedures provided by the respective administrative office responsible for the review or investigation of the alleged violation. Each administrative office will author and publish procedures to resolve appeals.<br />
<br />
== Additional References ==<br />
:[https://studentconduct.appstate.edu/ Code of Student Conduct]<br />
:[[Equal Opportunity]]<br />
:[[EHRA Non-Faculty Grievances]]<br />
:[https://facultyhandbook.appstate.edu/ Faculty Handbook]<br />
:[[SHRA_Grievance_and_Appeal]]<br />
:[https://www.northcarolina.edu/apps/policy/index.php?pg=dl&id=10866&format=pdf&inline=1 The UNC Policy Manual, Chapter 100.1, The Code, Section 103]<br />
<br />
== Authority ==<br />
:North Carolina Office of State Human Resources - Unlawful Workplace Harassment<br />
:North Carolina Office of State Human Resources - Reasonable Accommodation<br />
:The UNC Policy Manual, Chapter 100.1, The Code, Section 103<br />
:Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)<br />
:Section 504 of the 1973 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)<br />
:Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)<br />
:Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994<br />
:Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)<br />
:Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.) <br />
:Title IX of the Education Amendments Act of 1972<br />
:Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990<br />
:Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)<br />
:Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)<br />
:Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)<br />
:Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.)<br />
:Age Discrimination Act of 1967 (29 U.S.C. 621 et seq.)<br />
:N.C. Gen. Stat. § 95-241<br />
:N.C. Gen. Stat. §§ 126-1.1, 126-5,126-7.1, 126-14, 126-14.1, 126-14.2, 126-16, 126-17, 126-34.01, 126-34.02, 126-82, 126-85<br />
:N.C. Gen. Stat. §§ 168A-3, 168A-5 168A-10<br />
:25 NCAC 01J .1101 and 25 NCAC 01J. 1302<br />
<br />
== Contact Information ==<br />
:Office of Academic Affairs [https://academicaffairs.appstate.edu/] (828-262-2070)<br />
:Office of Disability Resources [https://odr.appstate.edu/] (828-262-3056)<br />
:Office of Human Resources [https://hr.appstate.edu/] (828-262-3186)<br />
:Office of Student Conduct [https://studentconduct.appstate.edu/] (828-262-2704)<br />
:Office of Title IX Compliance [https://titleix.appstate.edu/] (828-262-2144)<br />
:Equal Employment Opportunity (equalopportunity@appstate.edu<br />
<br />
== Original Effective Date ==<br />
:March 6, 2012<br />
<br />
== Revision Dates ==<br />
:June 23, 2012<br />
:April 24, 2014<br />
:December 8, 2015<br />
:June 21, 2017<br />
:July 31, 2018<br />
:March 2, 2020<br />
:August 14, 2020<br />
:November 4, 2022<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Discrimination,_Harassment,_Retaliation_and_Sex-Based_Misconduct&diff=12473Discrimination, Harassment, Retaliation and Sex-Based Misconduct2022-11-04T20:43:38Z<p>Blockermg: /* Revision Dates */</p>
<hr />
<div>Policy 110<br />
== Introduction ==<br />
1.1 The purpose of this policy is to support Appalachian State University's ("Appalachian") commitment to providing an institutional environment free from discrimination and harassment.<br />
<br />
1.2 This policy serves to address prohibited conduct adverse to Appalachian's commitment to preventing discrimination and harassment, as well as to provide an administrative framework and oversight for reporting, investigating, adjudicating, and resolving violations of this policy.<br />
<br />
== Scope ==<br />
<br />
2.1 This policy applies to all members of the Appalachian community, including students, faculty, staff and others who either participate in University programs or activities, or conduct business on behalf of the University.<br />
<br />
2.2 This policy applies both to prohibited conduct that occurs: (a) on property owned or controlled by Appalachian, or (b) on property owned or controlled by non-Appalachian entities or individuals that has an adverse or detrimental effect on Appalachian and its employees, employment applicants, students, visitors or volunteers.<br />
<br />
2.3 Allegations of harassment and discrimination based on gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, or stalking, are subject to this policy and Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]]. If there is a conflict between Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] and this policy for the statuses and conduct referenced in this subsection, then Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] shall be controlling.<br />
<br />
== Definitions ==<br />
<br />
=== Discrimination ===<br />
Conduct based on an individual's Protected Status that is an unlawful or otherwise prohibited preference for, or detrimental treatment of, one individual compared to other individuals. The conduct must be sufficiently serious to unreasonably interfere with or limit:<br />
<br />
:(a) an employee or employment applicant's access to employment, terms, conditions or benefits of employment (e.g., hiring, advancement, assignment, etc.);<br />
:(b) a student or admission applicant's ability to participate in, access or benefit from University programs, services, or activities (e.g., admission, academic standing, grades, assignments, campus housing, etc.); or<br />
:(c) a volunteer or visitor's ability to participate in, access or benefit from or deliver University's programs or services.<br />
<br />
=== Harassment ===<br />
Communication or conduct (e.g. verbal, physical, electronic, written, etc.) that creates a Hostile Environment or involves a Quid Pro Quo exchange for an individual within a Protected Status that unreasonably interferes with the individual's:<br />
:(a) educational environment (e.g., admission, academic standing, grades, assignments, etc.);<br />
:(b) work environment (e.g., hiring, advancement, assignment, etc.); or<br />
:(c) participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.).<br />
<br />
====Hostile Environment====<br />
:Conduct based on Protected Status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a University program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute a Hostile Environment.<br />
<br />
====Quid Pro Quo====<br />
:Conduct based on Protected Status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual's education, employment, or participation in a University program or activity.<br />
<br />
=== Protected Status ===<br />
Classes of people who receive certain protections under applicable federal and state law, and UNC System policies, because of their age, color, disability, gender, gender expression, gender identity, genetic information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status.<br />
<br />
=== Retaliation ===<br />
Any adverse action against an individual, or an individual's spouse, partner, or other person with a close personal relation, for: (a) making or supporting a claim of Discrimination or Harassment, (b) opposing any Discrimination or Harassment, (c) participating in the reporting, investigation, or resolution of alleged violation(s) under this policy, or (d) otherwise engaging in a protected activity under this policy or other associated University policies. Examples of Retaliation include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report or complaint made in good faith was not substantiated.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Prohibited Conduct ===<br />
All members of the Appalachian community are prohibited from engaging in Discrimination, Harassment, or Retaliation (collectively, "Prohibited Conduct").<br />
<br />
=== Reporting ===<br />
====Reporting and Review of Prohibited Conduct====<br />
Allegations of Prohibited Conduct should be reported as promptly as possible to the applicable administrative office as identified in Section 4.4. Allegations must be reviewed and processed by the applicable administrative office in accordance with this policy and administrative office procedures, as further referenced in Section 4.4. Allegations of Prohibited Conduct should be disclosed to an administrative office by submitting either an informal report or formal complaint:<br />
:(a) an informal report is a disclosure of information alleging the occurrence of Prohibited Conduct that may result in a subsequent formal complaint being made by an individual or University representative; and<br />
:(b) a formal complaint is a written allegation of Prohibited Conduct made by an individual or a University representative requesting the University to address the alleged behavior through a resolution process.<br />
<br />
====Supportive / Interim Measures====<br />
Upon receiving an informal report or formal complaint, the appropriate administrative office reviewing allegation(s) of Prohibited Conduct may impose reasonable interim measures to temporarily address allegations to ensure a safe and nondiscriminatory environment. The measures imposed will be identified on a case-by-case basis, and Appalachian will balance the burden placed on members of the Appalachian community with its interest in ensuring a safe and nondiscriminatory environment.<br />
<br />
====Employee Reporting====<br />
:4.2.3.1 Mandatory Title IX Responsible Employee Reporting<br />
:Upon receiving any information that may indicate the occurrence of Prohibited Conduct based on the Protected Status of gender, gender expression, gender identity, sex, or sexual orientation, the following employees are required to report the information to the Office of Title IX Compliance as promptly as possible, but in no event after seventy-two (72) hours: Faculty, Coaching Staff in the Athletics Department, Office of Human Resources Staff, University Housing Staff, and other University staff with supervisory responsibility.<br />
<br />
:4.2.3.2 Other Employee Reporting<br />
:As promptly as possible, upon receiving any information that may indicate the occurrence of Prohibited Conduct based on a Protected Status that is not referenced in Section 4.2.3.1, employees should report the information to the appropriate administrative office identified in Section 4.4.<br />
<br />
:4.2.3.3 Confidential Resources<br />
:Confidential Resources are employees in designated University departments who are responsible for maintaining the confidentiality of information they receive while acting within the scope of their employment capacity. These employees may not report information they obtain on allegations of Prohibited Conduct, unless:<br />
<br />
::(a) they obtain permission from the recipient of the Prohibited Conduct, as addressed under this policy;<br />
::(b) there is a threat to the health or safety of the individual or others; or<br />
::(c) there is a legal obligation (e.g., suspected abuse or neglect of a minor).<br />
<br />
:Employees, in the following University departments, are considered "Confidential Resources" and are exempt from reporting obligations referenced in Section 4.2.3.1 and Section 4.2.3.2: Counseling for Faculty and Staff, Counseling and Psychological Services, ComPsych (or a similar service provider), Psychology Clinic, Student Legal Clinic, Student Health Services, and University Ombuds<br />
<br />
:4.2.3.4 Other Exemptions<br />
:Employees are not required to report information disclosed at public awareness events and programs open to the public in which attendees disclose incidents of Prohibited Conduct, nor are they required to report information obtained during an individual's participation as a subject in an approved Institutional Review Board ("IRB") human subjects research study, unless the disclosing party also initiates an informal report or formal complaint under this policy.<br />
<br />
====Complainants and Respondents====<br />
For purposes of this policy and administrative office procedures:<br />
:(a) a reporting party or "Complainant" is a person who submits an informal report or formal complaint regarding Prohibited Conduct under this policy; and<br />
:(b) a responding party or "Respondent" is a person who is alleged to have committed a Prohibited Conduct under this policy.<br />
<br />
====Privacy and Confidentiality====<br />
Information obtained by Appalachian in response to allegations of Prohibited Conduct will be reviewed in a manner that balances an individual's preferences for privacy with Appalachian’s legal obligations, as well as, its obligations to provide a safe and nondiscriminatory environment. Complete confidentiality cannot be guaranteed, and information may be shared with others when necessary to investigate or address the Prohibited Conduct, to prevent its recurrence, or to fulfill legal obligations.<br />
<br />
=== Standard of Proof ===<br />
For purposes of this policy, the standard of proof used to determine the level of evidence needed to determine whether an individual is responsible for an alleged violation(s) will be the preponderance of the evidence. This simply means that the evidence presented to the administrative office responsible for the review or investigation of the alleged violation tends to prove that it is more likely than not that the alleged respondent(s) violated this policy. This determination must be based solely on the information presented, which may include, but is not limited to pertinent records (e.g., formal complaints, police reports, investigation reports), exhibits (e.g., photographs, audio/video information, electronic communications including social media), and written or oral statements of the parties or witnesses. Formal rules of evidence and procedure do not apply.<br />
<br />
=== Policy Implementation ===<br />
4.4.1 Administrative offices at Appalachian have been identified and tasked with the administration and implementation of this policy. These administrative offices work both independently and jointly to safeguard Appalachian in carrying out the University's commitment to providing an educational or employment environment free from Discrimination and Harassment. Each administrative office will author and publish procedures to process informal reports and formal complaints that will be assessed, investigated, and otherwise resolved in compliance with applicable federal and state laws and regulations, UNC System policies, and policies of the University, as well as in collaboration with other administrative offices.<br />
<br />
4.4.2 The administrative offices below are responsible for administrating and implementing this policy (e.g., investigating and adjudicating an alleged violation of Discrimination and Harassment). Each identified office is responsible for collecting reports, questions, and comments, as well as conducting reviews and investigations, related to their office responsibilities. These offices will also be responsible for University Discrimination and Harassment prevention and response training in their respective areas. All reporting, questions, or comments that fall within the scope of this policy should be directed to the applicable administrative office as identified below. Depending on the facts and circumstances, more than one administrative office may be responsible for reviewing a matter that falls within the scope of this policy.<br />
<br />
{| class="wikitable"<br />
! Administrative Office !! Responsibility<br />
|-<br />
| Office of Academic Affairs || Reviews all Prohibited Conduct matters governed under this policy pertaining to faculty employment-related matters.<br />
<br />
Any Prohibited Conduct reporting regarding a faculty- member or faculty-member applicant for employment, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Faculty Handbook.<br />
|-<br />
| Office of Disability Resources || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to disability accommodations or accessibility.<br />
<br />
Any Prohibited Conduct reporting on the basis of disability accommodations or accessibility, or questions or comments related to this policy, should be directed to this office.<br />
|-<br />
| Equal Employment Opportunity || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to SHRA, EHRA non- faculty, temporary, and student employee employment- related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to faculty employment-related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Any Prohibited Conduct reporting regarding a SHRA, EHRA non-faculty, student employee, or temporary employee, or applicant for employment under one of these classifications, or questions or comments related to this policy, should be directed to this office.<br />
<br />
|-<br />
| Office of Student Conduct || Any Prohibited Conduct reporting related to student conduct, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Code of Student Conduct and Academic Integrity Code.<br />
|-<br />
| Office of Title IX Compliance || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to gender, gender, expression, gender identity, sex or sexual orientation.<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to gender, gender expression, gender identity, sex or sexual orientation.<br />
<br />
Any Prohibited Conduct reporting related to gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, and stalking, or questions or comments related to this policy, should be directed to the Equal Employment Opportunity Officer.<br />
|}<br />
<br />
=== Enforcement ===<br />
Appalachian will enforce violations of this policy in accordance with applicable federal and state law, and UNC System policies. Violations of this policy, including but not limited to the engagement of Discrimination, Harassment, or Retaliation, as defined by this policy, or a Responsible Employee's failure to disclose Discrimination, Harassment, or Retaliation, may result in grounds for disciplinary action, up to and including termination or expulsion.<br />
<br />
=== Academic Freedom ===<br />
As permitted by federal and state law, Appalachian supports and encourages full freedom of inquiry, discourse, teaching, research, and publication. Such opportunities are afforded in pursuit of knowledge and learning without fear of sanction, unless the manner of expression is found through the administration of this policy to substantially impair the rights of others.<br />
<br />
=== Appeals ===<br />
Appeals of University decisions will be addressed according to the procedures provided by the respective administrative office responsible for the review or investigation of the alleged violation. Each administrative office will author and publish procedures to resolve appeals.<br />
<br />
== Additional References ==<br />
:[https://studentconduct.appstate.edu/ Code of Student Conduct]<br />
:[[Equal Opportunity]]<br />
:[[EHRA Non-Faculty Grievances]]<br />
:[https://facultyhandbook.appstate.edu/ Faculty Handbook]<br />
:[[SHRA_Grievance_and_Appeal]]<br />
:[https://www.northcarolina.edu/apps/policy/index.php?pg=dl&id=10866&format=pdf&inline=1 The UNC Policy Manual, Chapter 100.1, The Code, Section 103]<br />
<br />
== Authority ==<br />
:North Carolina Office of State Human Resources - Unlawful Workplace Harassment<br />
:North Carolina Office of State Human Resources - Reasonable Accommodation<br />
:The UNC Policy Manual, Chapter 100.1, The Code, Section 103<br />
:Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)<br />
:Section 504 of the 1973 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)<br />
:Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)<br />
:Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994<br />
:Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)<br />
:Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.) <br />
:Title IX of the Education Amendments Act of 1972<br />
:Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990<br />
:Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)<br />
:Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)<br />
:Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)<br />
:Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.)<br />
:Age Discrimination Act of 1967 (29 U.S.C. 621 et seq.)<br />
:N.C. Gen. Stat. § 95-241<br />
:N.C. Gen. Stat. §§ 126-1.1, 126-5,126-7.1, 126-14, 126-14.1, 126-14.2, 126-16, 126-17, 126-34.01, 126-34.02, 126-82, 126-85<br />
:N.C. Gen. Stat. §§ 168A-3, 168A-5 168A-10<br />
:25 NCAC 01J .1101 and 25 NCAC 01J. 1302<br />
<br />
== Contact Information ==<br />
:Office of Academic Affairs [https://academicaffairs.appstate.edu/] (828-262-2070)<br />
:Office of Disability Resources [https://odr.appstate.edu/] (828-262-3056)<br />
:Office of Human Resources [https://hr.appstate.edu/] (828-262-3186)<br />
:Office of Student Conduct [https://studentconduct.appstate.edu/] (828-262-2704)<br />
:Office of Title IX Compliance [https://titleix.appstate.edu/] (828-262-2144)<br />
:Equal Employment Opportunity (equalopportunity@appstate.edu<br />
<br />
== Original Effective Date ==<br />
:March 6, 2012<br />
<br />
== Revision Dates ==<br />
:June 23, 2012<br />
:April 24, 2014<br />
:December 8, 2015<br />
:June 21, 2017<br />
:July 31, 2018<br />
:March 2, 2020<br />
:August 14, 2020<br />
:November 4, 2022<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Discrimination,_Harassment,_Retaliation_and_Sex-Based_Misconduct&diff=12472Discrimination, Harassment, Retaliation and Sex-Based Misconduct2022-11-04T20:43:20Z<p>Blockermg: /* Contact Information */</p>
<hr />
<div>Policy 110<br />
== Introduction ==<br />
1.1 The purpose of this policy is to support Appalachian State University's ("Appalachian") commitment to providing an institutional environment free from discrimination and harassment.<br />
<br />
1.2 This policy serves to address prohibited conduct adverse to Appalachian's commitment to preventing discrimination and harassment, as well as to provide an administrative framework and oversight for reporting, investigating, adjudicating, and resolving violations of this policy.<br />
<br />
== Scope ==<br />
<br />
2.1 This policy applies to all members of the Appalachian community, including students, faculty, staff and others who either participate in University programs or activities, or conduct business on behalf of the University.<br />
<br />
2.2 This policy applies both to prohibited conduct that occurs: (a) on property owned or controlled by Appalachian, or (b) on property owned or controlled by non-Appalachian entities or individuals that has an adverse or detrimental effect on Appalachian and its employees, employment applicants, students, visitors or volunteers.<br />
<br />
2.3 Allegations of harassment and discrimination based on gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, or stalking, are subject to this policy and Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]]. If there is a conflict between Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] and this policy for the statuses and conduct referenced in this subsection, then Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] shall be controlling.<br />
<br />
== Definitions ==<br />
<br />
=== Discrimination ===<br />
Conduct based on an individual's Protected Status that is an unlawful or otherwise prohibited preference for, or detrimental treatment of, one individual compared to other individuals. The conduct must be sufficiently serious to unreasonably interfere with or limit:<br />
<br />
:(a) an employee or employment applicant's access to employment, terms, conditions or benefits of employment (e.g., hiring, advancement, assignment, etc.);<br />
:(b) a student or admission applicant's ability to participate in, access or benefit from University programs, services, or activities (e.g., admission, academic standing, grades, assignments, campus housing, etc.); or<br />
:(c) a volunteer or visitor's ability to participate in, access or benefit from or deliver University's programs or services.<br />
<br />
=== Harassment ===<br />
Communication or conduct (e.g. verbal, physical, electronic, written, etc.) that creates a Hostile Environment or involves a Quid Pro Quo exchange for an individual within a Protected Status that unreasonably interferes with the individual's:<br />
:(a) educational environment (e.g., admission, academic standing, grades, assignments, etc.);<br />
:(b) work environment (e.g., hiring, advancement, assignment, etc.); or<br />
:(c) participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.).<br />
<br />
====Hostile Environment====<br />
:Conduct based on Protected Status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a University program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute a Hostile Environment.<br />
<br />
====Quid Pro Quo====<br />
:Conduct based on Protected Status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual's education, employment, or participation in a University program or activity.<br />
<br />
=== Protected Status ===<br />
Classes of people who receive certain protections under applicable federal and state law, and UNC System policies, because of their age, color, disability, gender, gender expression, gender identity, genetic information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status.<br />
<br />
=== Retaliation ===<br />
Any adverse action against an individual, or an individual's spouse, partner, or other person with a close personal relation, for: (a) making or supporting a claim of Discrimination or Harassment, (b) opposing any Discrimination or Harassment, (c) participating in the reporting, investigation, or resolution of alleged violation(s) under this policy, or (d) otherwise engaging in a protected activity under this policy or other associated University policies. Examples of Retaliation include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report or complaint made in good faith was not substantiated.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Prohibited Conduct ===<br />
All members of the Appalachian community are prohibited from engaging in Discrimination, Harassment, or Retaliation (collectively, "Prohibited Conduct").<br />
<br />
=== Reporting ===<br />
====Reporting and Review of Prohibited Conduct====<br />
Allegations of Prohibited Conduct should be reported as promptly as possible to the applicable administrative office as identified in Section 4.4. Allegations must be reviewed and processed by the applicable administrative office in accordance with this policy and administrative office procedures, as further referenced in Section 4.4. Allegations of Prohibited Conduct should be disclosed to an administrative office by submitting either an informal report or formal complaint:<br />
:(a) an informal report is a disclosure of information alleging the occurrence of Prohibited Conduct that may result in a subsequent formal complaint being made by an individual or University representative; and<br />
:(b) a formal complaint is a written allegation of Prohibited Conduct made by an individual or a University representative requesting the University to address the alleged behavior through a resolution process.<br />
<br />
====Supportive / Interim Measures====<br />
Upon receiving an informal report or formal complaint, the appropriate administrative office reviewing allegation(s) of Prohibited Conduct may impose reasonable interim measures to temporarily address allegations to ensure a safe and nondiscriminatory environment. The measures imposed will be identified on a case-by-case basis, and Appalachian will balance the burden placed on members of the Appalachian community with its interest in ensuring a safe and nondiscriminatory environment.<br />
<br />
====Employee Reporting====<br />
:4.2.3.1 Mandatory Title IX Responsible Employee Reporting<br />
:Upon receiving any information that may indicate the occurrence of Prohibited Conduct based on the Protected Status of gender, gender expression, gender identity, sex, or sexual orientation, the following employees are required to report the information to the Office of Title IX Compliance as promptly as possible, but in no event after seventy-two (72) hours: Faculty, Coaching Staff in the Athletics Department, Office of Human Resources Staff, University Housing Staff, and other University staff with supervisory responsibility.<br />
<br />
:4.2.3.2 Other Employee Reporting<br />
:As promptly as possible, upon receiving any information that may indicate the occurrence of Prohibited Conduct based on a Protected Status that is not referenced in Section 4.2.3.1, employees should report the information to the appropriate administrative office identified in Section 4.4.<br />
<br />
:4.2.3.3 Confidential Resources<br />
:Confidential Resources are employees in designated University departments who are responsible for maintaining the confidentiality of information they receive while acting within the scope of their employment capacity. These employees may not report information they obtain on allegations of Prohibited Conduct, unless:<br />
<br />
::(a) they obtain permission from the recipient of the Prohibited Conduct, as addressed under this policy;<br />
::(b) there is a threat to the health or safety of the individual or others; or<br />
::(c) there is a legal obligation (e.g., suspected abuse or neglect of a minor).<br />
<br />
:Employees, in the following University departments, are considered "Confidential Resources" and are exempt from reporting obligations referenced in Section 4.2.3.1 and Section 4.2.3.2: Counseling for Faculty and Staff, Counseling and Psychological Services, ComPsych (or a similar service provider), Psychology Clinic, Student Legal Clinic, Student Health Services, and University Ombuds<br />
<br />
:4.2.3.4 Other Exemptions<br />
:Employees are not required to report information disclosed at public awareness events and programs open to the public in which attendees disclose incidents of Prohibited Conduct, nor are they required to report information obtained during an individual's participation as a subject in an approved Institutional Review Board ("IRB") human subjects research study, unless the disclosing party also initiates an informal report or formal complaint under this policy.<br />
<br />
====Complainants and Respondents====<br />
For purposes of this policy and administrative office procedures:<br />
:(a) a reporting party or "Complainant" is a person who submits an informal report or formal complaint regarding Prohibited Conduct under this policy; and<br />
:(b) a responding party or "Respondent" is a person who is alleged to have committed a Prohibited Conduct under this policy.<br />
<br />
====Privacy and Confidentiality====<br />
Information obtained by Appalachian in response to allegations of Prohibited Conduct will be reviewed in a manner that balances an individual's preferences for privacy with Appalachian’s legal obligations, as well as, its obligations to provide a safe and nondiscriminatory environment. Complete confidentiality cannot be guaranteed, and information may be shared with others when necessary to investigate or address the Prohibited Conduct, to prevent its recurrence, or to fulfill legal obligations.<br />
<br />
=== Standard of Proof ===<br />
For purposes of this policy, the standard of proof used to determine the level of evidence needed to determine whether an individual is responsible for an alleged violation(s) will be the preponderance of the evidence. This simply means that the evidence presented to the administrative office responsible for the review or investigation of the alleged violation tends to prove that it is more likely than not that the alleged respondent(s) violated this policy. This determination must be based solely on the information presented, which may include, but is not limited to pertinent records (e.g., formal complaints, police reports, investigation reports), exhibits (e.g., photographs, audio/video information, electronic communications including social media), and written or oral statements of the parties or witnesses. Formal rules of evidence and procedure do not apply.<br />
<br />
=== Policy Implementation ===<br />
4.4.1 Administrative offices at Appalachian have been identified and tasked with the administration and implementation of this policy. These administrative offices work both independently and jointly to safeguard Appalachian in carrying out the University's commitment to providing an educational or employment environment free from Discrimination and Harassment. Each administrative office will author and publish procedures to process informal reports and formal complaints that will be assessed, investigated, and otherwise resolved in compliance with applicable federal and state laws and regulations, UNC System policies, and policies of the University, as well as in collaboration with other administrative offices.<br />
<br />
4.4.2 The administrative offices below are responsible for administrating and implementing this policy (e.g., investigating and adjudicating an alleged violation of Discrimination and Harassment). Each identified office is responsible for collecting reports, questions, and comments, as well as conducting reviews and investigations, related to their office responsibilities. These offices will also be responsible for University Discrimination and Harassment prevention and response training in their respective areas. All reporting, questions, or comments that fall within the scope of this policy should be directed to the applicable administrative office as identified below. Depending on the facts and circumstances, more than one administrative office may be responsible for reviewing a matter that falls within the scope of this policy.<br />
<br />
{| class="wikitable"<br />
! Administrative Office !! Responsibility<br />
|-<br />
| Office of Academic Affairs || Reviews all Prohibited Conduct matters governed under this policy pertaining to faculty employment-related matters.<br />
<br />
Any Prohibited Conduct reporting regarding a faculty- member or faculty-member applicant for employment, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Faculty Handbook.<br />
|-<br />
| Office of Disability Resources || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to disability accommodations or accessibility.<br />
<br />
Any Prohibited Conduct reporting on the basis of disability accommodations or accessibility, or questions or comments related to this policy, should be directed to this office.<br />
|-<br />
| Equal Employment Opportunity || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to SHRA, EHRA non- faculty, temporary, and student employee employment- related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to faculty employment-related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Any Prohibited Conduct reporting regarding a SHRA, EHRA non-faculty, student employee, or temporary employee, or applicant for employment under one of these classifications, or questions or comments related to this policy, should be directed to this office.<br />
<br />
|-<br />
| Office of Student Conduct || Any Prohibited Conduct reporting related to student conduct, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Code of Student Conduct and Academic Integrity Code.<br />
|-<br />
| Office of Title IX Compliance || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to gender, gender, expression, gender identity, sex or sexual orientation.<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to gender, gender expression, gender identity, sex or sexual orientation.<br />
<br />
Any Prohibited Conduct reporting related to gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, and stalking, or questions or comments related to this policy, should be directed to the Equal Employment Opportunity Officer.<br />
|}<br />
<br />
=== Enforcement ===<br />
Appalachian will enforce violations of this policy in accordance with applicable federal and state law, and UNC System policies. Violations of this policy, including but not limited to the engagement of Discrimination, Harassment, or Retaliation, as defined by this policy, or a Responsible Employee's failure to disclose Discrimination, Harassment, or Retaliation, may result in grounds for disciplinary action, up to and including termination or expulsion.<br />
<br />
=== Academic Freedom ===<br />
As permitted by federal and state law, Appalachian supports and encourages full freedom of inquiry, discourse, teaching, research, and publication. Such opportunities are afforded in pursuit of knowledge and learning without fear of sanction, unless the manner of expression is found through the administration of this policy to substantially impair the rights of others.<br />
<br />
=== Appeals ===<br />
Appeals of University decisions will be addressed according to the procedures provided by the respective administrative office responsible for the review or investigation of the alleged violation. Each administrative office will author and publish procedures to resolve appeals.<br />
<br />
== Additional References ==<br />
:[https://studentconduct.appstate.edu/ Code of Student Conduct]<br />
:[[Equal Opportunity]]<br />
:[[EHRA Non-Faculty Grievances]]<br />
:[https://facultyhandbook.appstate.edu/ Faculty Handbook]<br />
:[[SHRA_Grievance_and_Appeal]]<br />
:[https://www.northcarolina.edu/apps/policy/index.php?pg=dl&id=10866&format=pdf&inline=1 The UNC Policy Manual, Chapter 100.1, The Code, Section 103]<br />
<br />
== Authority ==<br />
:North Carolina Office of State Human Resources - Unlawful Workplace Harassment<br />
:North Carolina Office of State Human Resources - Reasonable Accommodation<br />
:The UNC Policy Manual, Chapter 100.1, The Code, Section 103<br />
:Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)<br />
:Section 504 of the 1973 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)<br />
:Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)<br />
:Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994<br />
:Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)<br />
:Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.) <br />
:Title IX of the Education Amendments Act of 1972<br />
:Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990<br />
:Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)<br />
:Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)<br />
:Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)<br />
:Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.)<br />
:Age Discrimination Act of 1967 (29 U.S.C. 621 et seq.)<br />
:N.C. Gen. Stat. § 95-241<br />
:N.C. Gen. Stat. §§ 126-1.1, 126-5,126-7.1, 126-14, 126-14.1, 126-14.2, 126-16, 126-17, 126-34.01, 126-34.02, 126-82, 126-85<br />
:N.C. Gen. Stat. §§ 168A-3, 168A-5 168A-10<br />
:25 NCAC 01J .1101 and 25 NCAC 01J. 1302<br />
<br />
== Contact Information ==<br />
:Office of Academic Affairs [https://academicaffairs.appstate.edu/] (828-262-2070)<br />
:Office of Disability Resources [https://odr.appstate.edu/] (828-262-3056)<br />
:Office of Human Resources [https://hr.appstate.edu/] (828-262-3186)<br />
:Office of Student Conduct [https://studentconduct.appstate.edu/] (828-262-2704)<br />
:Office of Title IX Compliance [https://titleix.appstate.edu/] (828-262-2144)<br />
:Equal Employment Opportunity (equalopportunity@appstate.edu<br />
<br />
== Original Effective Date ==<br />
:March 6, 2012<br />
<br />
== Revision Dates ==<br />
:June 23, 2012<br />
:April 24, 2014<br />
:December 8, 2015<br />
:June 21, 2017<br />
:July 31, 2018<br />
:March 2, 2020<br />
:August 14, 2020<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Discrimination,_Harassment,_Retaliation_and_Sex-Based_Misconduct&diff=12471Discrimination, Harassment, Retaliation and Sex-Based Misconduct2022-11-04T20:42:19Z<p>Blockermg: /* Policy Implementation */</p>
<hr />
<div>Policy 110<br />
== Introduction ==<br />
1.1 The purpose of this policy is to support Appalachian State University's ("Appalachian") commitment to providing an institutional environment free from discrimination and harassment.<br />
<br />
1.2 This policy serves to address prohibited conduct adverse to Appalachian's commitment to preventing discrimination and harassment, as well as to provide an administrative framework and oversight for reporting, investigating, adjudicating, and resolving violations of this policy.<br />
<br />
== Scope ==<br />
<br />
2.1 This policy applies to all members of the Appalachian community, including students, faculty, staff and others who either participate in University programs or activities, or conduct business on behalf of the University.<br />
<br />
2.2 This policy applies both to prohibited conduct that occurs: (a) on property owned or controlled by Appalachian, or (b) on property owned or controlled by non-Appalachian entities or individuals that has an adverse or detrimental effect on Appalachian and its employees, employment applicants, students, visitors or volunteers.<br />
<br />
2.3 Allegations of harassment and discrimination based on gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, or stalking, are subject to this policy and Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]]. If there is a conflict between Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] and this policy for the statuses and conduct referenced in this subsection, then Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] shall be controlling.<br />
<br />
== Definitions ==<br />
<br />
=== Discrimination ===<br />
Conduct based on an individual's Protected Status that is an unlawful or otherwise prohibited preference for, or detrimental treatment of, one individual compared to other individuals. The conduct must be sufficiently serious to unreasonably interfere with or limit:<br />
<br />
:(a) an employee or employment applicant's access to employment, terms, conditions or benefits of employment (e.g., hiring, advancement, assignment, etc.);<br />
:(b) a student or admission applicant's ability to participate in, access or benefit from University programs, services, or activities (e.g., admission, academic standing, grades, assignments, campus housing, etc.); or<br />
:(c) a volunteer or visitor's ability to participate in, access or benefit from or deliver University's programs or services.<br />
<br />
=== Harassment ===<br />
Communication or conduct (e.g. verbal, physical, electronic, written, etc.) that creates a Hostile Environment or involves a Quid Pro Quo exchange for an individual within a Protected Status that unreasonably interferes with the individual's:<br />
:(a) educational environment (e.g., admission, academic standing, grades, assignments, etc.);<br />
:(b) work environment (e.g., hiring, advancement, assignment, etc.); or<br />
:(c) participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.).<br />
<br />
====Hostile Environment====<br />
:Conduct based on Protected Status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a University program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute a Hostile Environment.<br />
<br />
====Quid Pro Quo====<br />
:Conduct based on Protected Status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual's education, employment, or participation in a University program or activity.<br />
<br />
=== Protected Status ===<br />
Classes of people who receive certain protections under applicable federal and state law, and UNC System policies, because of their age, color, disability, gender, gender expression, gender identity, genetic information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status.<br />
<br />
=== Retaliation ===<br />
Any adverse action against an individual, or an individual's spouse, partner, or other person with a close personal relation, for: (a) making or supporting a claim of Discrimination or Harassment, (b) opposing any Discrimination or Harassment, (c) participating in the reporting, investigation, or resolution of alleged violation(s) under this policy, or (d) otherwise engaging in a protected activity under this policy or other associated University policies. Examples of Retaliation include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report or complaint made in good faith was not substantiated.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Prohibited Conduct ===<br />
All members of the Appalachian community are prohibited from engaging in Discrimination, Harassment, or Retaliation (collectively, "Prohibited Conduct").<br />
<br />
=== Reporting ===<br />
====Reporting and Review of Prohibited Conduct====<br />
Allegations of Prohibited Conduct should be reported as promptly as possible to the applicable administrative office as identified in Section 4.4. Allegations must be reviewed and processed by the applicable administrative office in accordance with this policy and administrative office procedures, as further referenced in Section 4.4. Allegations of Prohibited Conduct should be disclosed to an administrative office by submitting either an informal report or formal complaint:<br />
:(a) an informal report is a disclosure of information alleging the occurrence of Prohibited Conduct that may result in a subsequent formal complaint being made by an individual or University representative; and<br />
:(b) a formal complaint is a written allegation of Prohibited Conduct made by an individual or a University representative requesting the University to address the alleged behavior through a resolution process.<br />
<br />
====Supportive / Interim Measures====<br />
Upon receiving an informal report or formal complaint, the appropriate administrative office reviewing allegation(s) of Prohibited Conduct may impose reasonable interim measures to temporarily address allegations to ensure a safe and nondiscriminatory environment. The measures imposed will be identified on a case-by-case basis, and Appalachian will balance the burden placed on members of the Appalachian community with its interest in ensuring a safe and nondiscriminatory environment.<br />
<br />
====Employee Reporting====<br />
:4.2.3.1 Mandatory Title IX Responsible Employee Reporting<br />
:Upon receiving any information that may indicate the occurrence of Prohibited Conduct based on the Protected Status of gender, gender expression, gender identity, sex, or sexual orientation, the following employees are required to report the information to the Office of Title IX Compliance as promptly as possible, but in no event after seventy-two (72) hours: Faculty, Coaching Staff in the Athletics Department, Office of Human Resources Staff, University Housing Staff, and other University staff with supervisory responsibility.<br />
<br />
:4.2.3.2 Other Employee Reporting<br />
:As promptly as possible, upon receiving any information that may indicate the occurrence of Prohibited Conduct based on a Protected Status that is not referenced in Section 4.2.3.1, employees should report the information to the appropriate administrative office identified in Section 4.4.<br />
<br />
:4.2.3.3 Confidential Resources<br />
:Confidential Resources are employees in designated University departments who are responsible for maintaining the confidentiality of information they receive while acting within the scope of their employment capacity. These employees may not report information they obtain on allegations of Prohibited Conduct, unless:<br />
<br />
::(a) they obtain permission from the recipient of the Prohibited Conduct, as addressed under this policy;<br />
::(b) there is a threat to the health or safety of the individual or others; or<br />
::(c) there is a legal obligation (e.g., suspected abuse or neglect of a minor).<br />
<br />
:Employees, in the following University departments, are considered "Confidential Resources" and are exempt from reporting obligations referenced in Section 4.2.3.1 and Section 4.2.3.2: Counseling for Faculty and Staff, Counseling and Psychological Services, ComPsych (or a similar service provider), Psychology Clinic, Student Legal Clinic, Student Health Services, and University Ombuds<br />
<br />
:4.2.3.4 Other Exemptions<br />
:Employees are not required to report information disclosed at public awareness events and programs open to the public in which attendees disclose incidents of Prohibited Conduct, nor are they required to report information obtained during an individual's participation as a subject in an approved Institutional Review Board ("IRB") human subjects research study, unless the disclosing party also initiates an informal report or formal complaint under this policy.<br />
<br />
====Complainants and Respondents====<br />
For purposes of this policy and administrative office procedures:<br />
:(a) a reporting party or "Complainant" is a person who submits an informal report or formal complaint regarding Prohibited Conduct under this policy; and<br />
:(b) a responding party or "Respondent" is a person who is alleged to have committed a Prohibited Conduct under this policy.<br />
<br />
====Privacy and Confidentiality====<br />
Information obtained by Appalachian in response to allegations of Prohibited Conduct will be reviewed in a manner that balances an individual's preferences for privacy with Appalachian’s legal obligations, as well as, its obligations to provide a safe and nondiscriminatory environment. Complete confidentiality cannot be guaranteed, and information may be shared with others when necessary to investigate or address the Prohibited Conduct, to prevent its recurrence, or to fulfill legal obligations.<br />
<br />
=== Standard of Proof ===<br />
For purposes of this policy, the standard of proof used to determine the level of evidence needed to determine whether an individual is responsible for an alleged violation(s) will be the preponderance of the evidence. This simply means that the evidence presented to the administrative office responsible for the review or investigation of the alleged violation tends to prove that it is more likely than not that the alleged respondent(s) violated this policy. This determination must be based solely on the information presented, which may include, but is not limited to pertinent records (e.g., formal complaints, police reports, investigation reports), exhibits (e.g., photographs, audio/video information, electronic communications including social media), and written or oral statements of the parties or witnesses. Formal rules of evidence and procedure do not apply.<br />
<br />
=== Policy Implementation ===<br />
4.4.1 Administrative offices at Appalachian have been identified and tasked with the administration and implementation of this policy. These administrative offices work both independently and jointly to safeguard Appalachian in carrying out the University's commitment to providing an educational or employment environment free from Discrimination and Harassment. Each administrative office will author and publish procedures to process informal reports and formal complaints that will be assessed, investigated, and otherwise resolved in compliance with applicable federal and state laws and regulations, UNC System policies, and policies of the University, as well as in collaboration with other administrative offices.<br />
<br />
4.4.2 The administrative offices below are responsible for administrating and implementing this policy (e.g., investigating and adjudicating an alleged violation of Discrimination and Harassment). Each identified office is responsible for collecting reports, questions, and comments, as well as conducting reviews and investigations, related to their office responsibilities. These offices will also be responsible for University Discrimination and Harassment prevention and response training in their respective areas. All reporting, questions, or comments that fall within the scope of this policy should be directed to the applicable administrative office as identified below. Depending on the facts and circumstances, more than one administrative office may be responsible for reviewing a matter that falls within the scope of this policy.<br />
<br />
{| class="wikitable"<br />
! Administrative Office !! Responsibility<br />
|-<br />
| Office of Academic Affairs || Reviews all Prohibited Conduct matters governed under this policy pertaining to faculty employment-related matters.<br />
<br />
Any Prohibited Conduct reporting regarding a faculty- member or faculty-member applicant for employment, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Faculty Handbook.<br />
|-<br />
| Office of Disability Resources || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to disability accommodations or accessibility.<br />
<br />
Any Prohibited Conduct reporting on the basis of disability accommodations or accessibility, or questions or comments related to this policy, should be directed to this office.<br />
|-<br />
| Equal Employment Opportunity || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to SHRA, EHRA non- faculty, temporary, and student employee employment- related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to faculty employment-related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Any Prohibited Conduct reporting regarding a SHRA, EHRA non-faculty, student employee, or temporary employee, or applicant for employment under one of these classifications, or questions or comments related to this policy, should be directed to this office.<br />
<br />
|-<br />
| Office of Student Conduct || Any Prohibited Conduct reporting related to student conduct, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Code of Student Conduct and Academic Integrity Code.<br />
|-<br />
| Office of Title IX Compliance || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to gender, gender, expression, gender identity, sex or sexual orientation.<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to gender, gender expression, gender identity, sex or sexual orientation.<br />
<br />
Any Prohibited Conduct reporting related to gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, and stalking, or questions or comments related to this policy, should be directed to the Equal Employment Opportunity Officer.<br />
|}<br />
<br />
=== Enforcement ===<br />
Appalachian will enforce violations of this policy in accordance with applicable federal and state law, and UNC System policies. Violations of this policy, including but not limited to the engagement of Discrimination, Harassment, or Retaliation, as defined by this policy, or a Responsible Employee's failure to disclose Discrimination, Harassment, or Retaliation, may result in grounds for disciplinary action, up to and including termination or expulsion.<br />
<br />
=== Academic Freedom ===<br />
As permitted by federal and state law, Appalachian supports and encourages full freedom of inquiry, discourse, teaching, research, and publication. Such opportunities are afforded in pursuit of knowledge and learning without fear of sanction, unless the manner of expression is found through the administration of this policy to substantially impair the rights of others.<br />
<br />
=== Appeals ===<br />
Appeals of University decisions will be addressed according to the procedures provided by the respective administrative office responsible for the review or investigation of the alleged violation. Each administrative office will author and publish procedures to resolve appeals.<br />
<br />
== Additional References ==<br />
:[https://studentconduct.appstate.edu/ Code of Student Conduct]<br />
:[[Equal Opportunity]]<br />
:[[EHRA Non-Faculty Grievances]]<br />
:[https://facultyhandbook.appstate.edu/ Faculty Handbook]<br />
:[[SHRA_Grievance_and_Appeal]]<br />
:[https://www.northcarolina.edu/apps/policy/index.php?pg=dl&id=10866&format=pdf&inline=1 The UNC Policy Manual, Chapter 100.1, The Code, Section 103]<br />
<br />
== Authority ==<br />
:North Carolina Office of State Human Resources - Unlawful Workplace Harassment<br />
:North Carolina Office of State Human Resources - Reasonable Accommodation<br />
:The UNC Policy Manual, Chapter 100.1, The Code, Section 103<br />
:Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)<br />
:Section 504 of the 1973 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)<br />
:Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)<br />
:Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994<br />
:Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)<br />
:Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.) <br />
:Title IX of the Education Amendments Act of 1972<br />
:Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990<br />
:Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)<br />
:Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)<br />
:Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)<br />
:Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.)<br />
:Age Discrimination Act of 1967 (29 U.S.C. 621 et seq.)<br />
:N.C. Gen. Stat. § 95-241<br />
:N.C. Gen. Stat. §§ 126-1.1, 126-5,126-7.1, 126-14, 126-14.1, 126-14.2, 126-16, 126-17, 126-34.01, 126-34.02, 126-82, 126-85<br />
:N.C. Gen. Stat. §§ 168A-3, 168A-5 168A-10<br />
:25 NCAC 01J .1101 and 25 NCAC 01J. 1302<br />
<br />
== Contact Information ==<br />
:Office of Academic Affairs [https://academicaffairs.appstate.edu/] (828-262-2070)<br />
:Office of Disability Resources [https://odr.appstate.edu/] (828-262-3056)<br />
:Office of Human Resources [https://hr.appstate.edu/] (828-262-3186)<br />
:Office of Student Conduct [https://studentconduct.appstate.edu/] (828-262-2704)<br />
:Office of Title IX Compliance [https://titleix.appstate.edu/] (828-262-2144)<br />
<br />
== Original Effective Date ==<br />
:March 6, 2012<br />
<br />
== Revision Dates ==<br />
:June 23, 2012<br />
:April 24, 2014<br />
:December 8, 2015<br />
:June 21, 2017<br />
:July 31, 2018<br />
:March 2, 2020<br />
:August 14, 2020<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Discrimination,_Harassment,_Retaliation_and_Sex-Based_Misconduct&diff=12470Discrimination, Harassment, Retaliation and Sex-Based Misconduct2022-11-04T20:40:38Z<p>Blockermg: /* Policy Implementation */</p>
<hr />
<div>Policy 110<br />
== Introduction ==<br />
1.1 The purpose of this policy is to support Appalachian State University's ("Appalachian") commitment to providing an institutional environment free from discrimination and harassment.<br />
<br />
1.2 This policy serves to address prohibited conduct adverse to Appalachian's commitment to preventing discrimination and harassment, as well as to provide an administrative framework and oversight for reporting, investigating, adjudicating, and resolving violations of this policy.<br />
<br />
== Scope ==<br />
<br />
2.1 This policy applies to all members of the Appalachian community, including students, faculty, staff and others who either participate in University programs or activities, or conduct business on behalf of the University.<br />
<br />
2.2 This policy applies both to prohibited conduct that occurs: (a) on property owned or controlled by Appalachian, or (b) on property owned or controlled by non-Appalachian entities or individuals that has an adverse or detrimental effect on Appalachian and its employees, employment applicants, students, visitors or volunteers.<br />
<br />
2.3 Allegations of harassment and discrimination based on gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, or stalking, are subject to this policy and Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]]. If there is a conflict between Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] and this policy for the statuses and conduct referenced in this subsection, then Appalachian [[Sex-Based Misconduct|Policy 112 – Sex-Based Misconduct Policy]] shall be controlling.<br />
<br />
== Definitions ==<br />
<br />
=== Discrimination ===<br />
Conduct based on an individual's Protected Status that is an unlawful or otherwise prohibited preference for, or detrimental treatment of, one individual compared to other individuals. The conduct must be sufficiently serious to unreasonably interfere with or limit:<br />
<br />
:(a) an employee or employment applicant's access to employment, terms, conditions or benefits of employment (e.g., hiring, advancement, assignment, etc.);<br />
:(b) a student or admission applicant's ability to participate in, access or benefit from University programs, services, or activities (e.g., admission, academic standing, grades, assignments, campus housing, etc.); or<br />
:(c) a volunteer or visitor's ability to participate in, access or benefit from or deliver University's programs or services.<br />
<br />
=== Harassment ===<br />
Communication or conduct (e.g. verbal, physical, electronic, written, etc.) that creates a Hostile Environment or involves a Quid Pro Quo exchange for an individual within a Protected Status that unreasonably interferes with the individual's:<br />
:(a) educational environment (e.g., admission, academic standing, grades, assignments, etc.);<br />
:(b) work environment (e.g., hiring, advancement, assignment, etc.); or<br />
:(c) participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.).<br />
<br />
====Hostile Environment====<br />
:Conduct based on Protected Status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a University program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute a Hostile Environment.<br />
<br />
====Quid Pro Quo====<br />
:Conduct based on Protected Status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual's education, employment, or participation in a University program or activity.<br />
<br />
=== Protected Status ===<br />
Classes of people who receive certain protections under applicable federal and state law, and UNC System policies, because of their age, color, disability, gender, gender expression, gender identity, genetic information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status.<br />
<br />
=== Retaliation ===<br />
Any adverse action against an individual, or an individual's spouse, partner, or other person with a close personal relation, for: (a) making or supporting a claim of Discrimination or Harassment, (b) opposing any Discrimination or Harassment, (c) participating in the reporting, investigation, or resolution of alleged violation(s) under this policy, or (d) otherwise engaging in a protected activity under this policy or other associated University policies. Examples of Retaliation include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report or complaint made in good faith was not substantiated.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Prohibited Conduct ===<br />
All members of the Appalachian community are prohibited from engaging in Discrimination, Harassment, or Retaliation (collectively, "Prohibited Conduct").<br />
<br />
=== Reporting ===<br />
====Reporting and Review of Prohibited Conduct====<br />
Allegations of Prohibited Conduct should be reported as promptly as possible to the applicable administrative office as identified in Section 4.4. Allegations must be reviewed and processed by the applicable administrative office in accordance with this policy and administrative office procedures, as further referenced in Section 4.4. Allegations of Prohibited Conduct should be disclosed to an administrative office by submitting either an informal report or formal complaint:<br />
:(a) an informal report is a disclosure of information alleging the occurrence of Prohibited Conduct that may result in a subsequent formal complaint being made by an individual or University representative; and<br />
:(b) a formal complaint is a written allegation of Prohibited Conduct made by an individual or a University representative requesting the University to address the alleged behavior through a resolution process.<br />
<br />
====Supportive / Interim Measures====<br />
Upon receiving an informal report or formal complaint, the appropriate administrative office reviewing allegation(s) of Prohibited Conduct may impose reasonable interim measures to temporarily address allegations to ensure a safe and nondiscriminatory environment. The measures imposed will be identified on a case-by-case basis, and Appalachian will balance the burden placed on members of the Appalachian community with its interest in ensuring a safe and nondiscriminatory environment.<br />
<br />
====Employee Reporting====<br />
:4.2.3.1 Mandatory Title IX Responsible Employee Reporting<br />
:Upon receiving any information that may indicate the occurrence of Prohibited Conduct based on the Protected Status of gender, gender expression, gender identity, sex, or sexual orientation, the following employees are required to report the information to the Office of Title IX Compliance as promptly as possible, but in no event after seventy-two (72) hours: Faculty, Coaching Staff in the Athletics Department, Office of Human Resources Staff, University Housing Staff, and other University staff with supervisory responsibility.<br />
<br />
:4.2.3.2 Other Employee Reporting<br />
:As promptly as possible, upon receiving any information that may indicate the occurrence of Prohibited Conduct based on a Protected Status that is not referenced in Section 4.2.3.1, employees should report the information to the appropriate administrative office identified in Section 4.4.<br />
<br />
:4.2.3.3 Confidential Resources<br />
:Confidential Resources are employees in designated University departments who are responsible for maintaining the confidentiality of information they receive while acting within the scope of their employment capacity. These employees may not report information they obtain on allegations of Prohibited Conduct, unless:<br />
<br />
::(a) they obtain permission from the recipient of the Prohibited Conduct, as addressed under this policy;<br />
::(b) there is a threat to the health or safety of the individual or others; or<br />
::(c) there is a legal obligation (e.g., suspected abuse or neglect of a minor).<br />
<br />
:Employees, in the following University departments, are considered "Confidential Resources" and are exempt from reporting obligations referenced in Section 4.2.3.1 and Section 4.2.3.2: Counseling for Faculty and Staff, Counseling and Psychological Services, ComPsych (or a similar service provider), Psychology Clinic, Student Legal Clinic, Student Health Services, and University Ombuds<br />
<br />
:4.2.3.4 Other Exemptions<br />
:Employees are not required to report information disclosed at public awareness events and programs open to the public in which attendees disclose incidents of Prohibited Conduct, nor are they required to report information obtained during an individual's participation as a subject in an approved Institutional Review Board ("IRB") human subjects research study, unless the disclosing party also initiates an informal report or formal complaint under this policy.<br />
<br />
====Complainants and Respondents====<br />
For purposes of this policy and administrative office procedures:<br />
:(a) a reporting party or "Complainant" is a person who submits an informal report or formal complaint regarding Prohibited Conduct under this policy; and<br />
:(b) a responding party or "Respondent" is a person who is alleged to have committed a Prohibited Conduct under this policy.<br />
<br />
====Privacy and Confidentiality====<br />
Information obtained by Appalachian in response to allegations of Prohibited Conduct will be reviewed in a manner that balances an individual's preferences for privacy with Appalachian’s legal obligations, as well as, its obligations to provide a safe and nondiscriminatory environment. Complete confidentiality cannot be guaranteed, and information may be shared with others when necessary to investigate or address the Prohibited Conduct, to prevent its recurrence, or to fulfill legal obligations.<br />
<br />
=== Standard of Proof ===<br />
For purposes of this policy, the standard of proof used to determine the level of evidence needed to determine whether an individual is responsible for an alleged violation(s) will be the preponderance of the evidence. This simply means that the evidence presented to the administrative office responsible for the review or investigation of the alleged violation tends to prove that it is more likely than not that the alleged respondent(s) violated this policy. This determination must be based solely on the information presented, which may include, but is not limited to pertinent records (e.g., formal complaints, police reports, investigation reports), exhibits (e.g., photographs, audio/video information, electronic communications including social media), and written or oral statements of the parties or witnesses. Formal rules of evidence and procedure do not apply.<br />
<br />
=== Policy Implementation ===<br />
4.4.1 Administrative offices at Appalachian have been identified and tasked with the administration and implementation of this policy. These administrative offices work both independently and jointly to safeguard Appalachian in carrying out the University's commitment to providing an educational or employment environment free from Discrimination and Harassment. Each administrative office will author and publish procedures to process informal reports and formal complaints that will be assessed, investigated, and otherwise resolved in compliance with applicable federal and state laws and regulations, UNC System policies, and policies of the University, as well as in collaboration with other administrative offices.<br />
<br />
4.4.2 The administrative offices below are responsible for administrating and implementing this policy (e.g., investigating and adjudicating an alleged violation of Discrimination and Harassment). Each identified office is responsible for collecting reports, questions, and comments, as well as conducting reviews and investigations, related to their office responsibilities. These offices will also be responsible for University Discrimination and Harassment prevention and response training in their respective areas. All reporting, questions, or comments that fall within the scope of this policy should be directed to the applicable administrative office as identified below. Depending on the facts and circumstances, more than one administrative office may be responsible for reviewing a matter that falls within the scope of this policy.<br />
<br />
{| class="wikitable"<br />
! Administrative Office !! Responsibility<br />
|-<br />
| Office of Academic Affairs || Reviews all Prohibited Conduct matters governed under this policy pertaining to faculty employment-related matters.<br />
<br />
Any Prohibited Conduct reporting regarding a faculty- member or faculty-member applicant for employment, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Faculty Handbook.<br />
|-<br />
| Office of Disability Resources || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to disability accommodations or accessibility.<br />
<br />
Any Prohibited Conduct reporting on the basis of disability accommodations or accessibility, or questions or comments related to this policy, should be directed to this office.<br />
|-<br />
| Equal Employment Opportunity || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to SHRA, EHRA non- faculty, temporary, and student employee employment- related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to faculty employment-related matters (e.g., equal employment opportunities, affirmative action).<br />
<br />
Any Prohibited Conduct reporting regarding a SHRA, EHRA non-faculty, student employee, or temporary employee, or applicant for employment under one of these classifications, or questions or comments related to this policy, should be directed to this office.<br />
<br />
|-<br />
| Office of Student Conduct || Any Prohibited Conduct reporting related to student conduct, or questions or comments related to this policy, should be directed to this office.<br />
<br />
This office is responsible for enforcement of the Code of Student Conduct and Academic Integrity Code.<br />
|-<br />
| Office of Title IX Compliance || Reviews or investigates all Prohibited Conduct matters governed under this policy pertaining to gender, gender, expression, gender identity, sex or sexual orientation.<br />
<br />
Assists Academic Affairs in investigations of faculty Prohibited Conduct matters pertaining to gender, gender expression, gender identity, sex or sexual orientation.<br />
<br />
Any Prohibited Conduct reporting related to gender, gender expression, gender identity, sex or sexual orientation, including instances involving sexual assault, dating violence, domestic violence, and stalking, or questions or comments related to this policy, should be directed to this office.<br />
|}<br />
<br />
=== Enforcement ===<br />
Appalachian will enforce violations of this policy in accordance with applicable federal and state law, and UNC System policies. Violations of this policy, including but not limited to the engagement of Discrimination, Harassment, or Retaliation, as defined by this policy, or a Responsible Employee's failure to disclose Discrimination, Harassment, or Retaliation, may result in grounds for disciplinary action, up to and including termination or expulsion.<br />
<br />
=== Academic Freedom ===<br />
As permitted by federal and state law, Appalachian supports and encourages full freedom of inquiry, discourse, teaching, research, and publication. Such opportunities are afforded in pursuit of knowledge and learning without fear of sanction, unless the manner of expression is found through the administration of this policy to substantially impair the rights of others.<br />
<br />
=== Appeals ===<br />
Appeals of University decisions will be addressed according to the procedures provided by the respective administrative office responsible for the review or investigation of the alleged violation. Each administrative office will author and publish procedures to resolve appeals.<br />
<br />
== Additional References ==<br />
:[https://studentconduct.appstate.edu/ Code of Student Conduct]<br />
:[[Equal Opportunity]]<br />
:[[EHRA Non-Faculty Grievances]]<br />
:[https://facultyhandbook.appstate.edu/ Faculty Handbook]<br />
:[[SHRA_Grievance_and_Appeal]]<br />
:[https://www.northcarolina.edu/apps/policy/index.php?pg=dl&id=10866&format=pdf&inline=1 The UNC Policy Manual, Chapter 100.1, The Code, Section 103]<br />
<br />
== Authority ==<br />
:North Carolina Office of State Human Resources - Unlawful Workplace Harassment<br />
:North Carolina Office of State Human Resources - Reasonable Accommodation<br />
:The UNC Policy Manual, Chapter 100.1, The Code, Section 103<br />
:Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)<br />
:Section 504 of the 1973 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)<br />
:Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)<br />
:Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994<br />
:Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)<br />
:Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.) <br />
:Title IX of the Education Amendments Act of 1972<br />
:Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990<br />
:Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)<br />
:Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)<br />
:Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)<br />
:Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.)<br />
:Age Discrimination Act of 1967 (29 U.S.C. 621 et seq.)<br />
:N.C. Gen. Stat. § 95-241<br />
:N.C. Gen. Stat. §§ 126-1.1, 126-5,126-7.1, 126-14, 126-14.1, 126-14.2, 126-16, 126-17, 126-34.01, 126-34.02, 126-82, 126-85<br />
:N.C. Gen. Stat. §§ 168A-3, 168A-5 168A-10<br />
:25 NCAC 01J .1101 and 25 NCAC 01J. 1302<br />
<br />
== Contact Information ==<br />
:Office of Academic Affairs [https://academicaffairs.appstate.edu/] (828-262-2070)<br />
:Office of Disability Resources [https://odr.appstate.edu/] (828-262-3056)<br />
:Office of Human Resources [https://hr.appstate.edu/] (828-262-3186)<br />
:Office of Student Conduct [https://studentconduct.appstate.edu/] (828-262-2704)<br />
:Office of Title IX Compliance [https://titleix.appstate.edu/] (828-262-2144)<br />
<br />
== Original Effective Date ==<br />
:March 6, 2012<br />
<br />
== Revision Dates ==<br />
:June 23, 2012<br />
:April 24, 2014<br />
:December 8, 2015<br />
:June 21, 2017<br />
:July 31, 2018<br />
:March 2, 2020<br />
:August 14, 2020<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Equal_Opportunity&diff=12469Equal Opportunity2022-11-04T20:31:00Z<p>Blockermg: /* Revision Dates */</p>
<hr />
<div>Policy 108<br />
<br />
<br />
:NOTE: For purposes of all Appalachian State University policies, references to SPA (subject to the State Personnel Act [former terminology]) shall be interchangeable with SHRA (subject to the State Human Resources Act [current terminology]); and references to EPA (exempt from the State Personnel Act [former terminology]) shall be interchangeable with EHRA (exempt from the State Human Resources Act [current terminology]).<br />
<br />
== Introduction ==<br />
'''1.1''' Appalachian State University (“Appalachian”) is committed to providing an equal opportunity experience<br />
to the Appalachian community.<br />
<br />
== Scope ==<br />
'''2.1''' This policy applies to all members of the Appalachian community, including students, faculty, staff,<br />
visitors, volunteers, and others who participate in programs, activities, or conduct business on behalf of<br />
Appalachian.<br />
<br />
== Definitions ==<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
4.1 Equal Opportunity Non-Discrimination<br />
<br />
4.1.1 Appalachian State University is committed to providing equal opportunity in education and<br />
employment to all applicants, students, and employees. Appalachian does not discriminate in access<br />
to its educational programs or activities, or with respect to hiring or the terms and conditions of<br />
employment, on the basis of age, color, disability, gender, gender expression, gender identity, genetic<br />
information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual<br />
orientation, or veteran status. Appalachian actively promotes diversity among students and<br />
employees.<br />
<br />
4.1.2 The Office of Disability Resources (ODR) is the designated office to assist eligible students,<br />
faculty, staff and visitors with disabilities by determining access needs and coordinating academic<br />
adjustments or workplace accommodations and compliance with the Americans with Disabilities Act<br />
(ADA) and Section 504 of the Rehabilitation Act (Section 504). For disability related inquiries, please<br />
contact the ADA/504 Coordinator.<br />
<br />
4.1.3 The Office of Title IX Compliance coordinates the University’s compliance with Title IX and<br />
ensures that the University responds appropriately, effectively, and equitably to Title IX issues,<br />
including sex- and gender-based harassment and discrimination, which includes sexual misconduct.<br />
For Title IX related inquiries, please contact the Title IX Coordinator.<br />
<br />
4.1.4 The Office of Human Resources in collaboration with the University's Equal Employment Opportunity<br />
Officer, is responsible for coordinating compliance with university policies prohibiting discriminatory employment<br />
practices and managing the University's Equal Employment Opportunities/Affirmative Action programs. For Equal Employment<br />
Opportunity contact the Equal Employment Officer, for Affirmative Action inquiries, please contact the Office of Human Resources.<br />
<br />
== Additional References ==<br />
[[Discrimination and Harassment|Appalachian Policy 110 – Discrimination and Harassment]]<br />
<br />
[[Sex-Based Misconduct|Appalachian Policy 112 – Sex-Based Misconduct]]<br />
<br />
[[EHRA Employees|Appalachian Policy 601.8 – EHRA Employees]]<br />
<br />
[[Workplace Violence|Appalachian Policy 602.32 – Workplace Violence]]<br />
<br />
== Authority ==<br />
Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)<br />
<br />
Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994<br />
<br />
Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.)<br />
<br />
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq.)<br />
<br />
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990<br />
<br />
Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)<br />
<br />
Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.) <br />
<br />
== Contact Information ==<br />
[https://odr.appstate.edu/ Office of Disability Resources] (828-262-3056)<br />
<br />
[https://hr.appstate.edu/ Office of Human Resources] (828-262-3186)<br />
<br />
[https://titleix.appstate.edu/ Office of Title IX Compliance] (828-262-2144)<br />
<br />
Equal Employment Opportunity (equalopportunity@appstate.edu)<br />
<br />
== Original Effective Date ==<br />
<br />
October 1, 2011<br />
<br />
== Revision Dates ==<br />
:June 25, 2012<br />
:September 9, 2020<br />
:November 5, 2021 - previously policy 114<br />
:November 4, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Equal_Opportunity&diff=12468Equal Opportunity2022-11-04T20:30:36Z<p>Blockermg: /* Contact Information */</p>
<hr />
<div>Policy 108<br />
<br />
<br />
:NOTE: For purposes of all Appalachian State University policies, references to SPA (subject to the State Personnel Act [former terminology]) shall be interchangeable with SHRA (subject to the State Human Resources Act [current terminology]); and references to EPA (exempt from the State Personnel Act [former terminology]) shall be interchangeable with EHRA (exempt from the State Human Resources Act [current terminology]).<br />
<br />
== Introduction ==<br />
'''1.1''' Appalachian State University (“Appalachian”) is committed to providing an equal opportunity experience<br />
to the Appalachian community.<br />
<br />
== Scope ==<br />
'''2.1''' This policy applies to all members of the Appalachian community, including students, faculty, staff,<br />
visitors, volunteers, and others who participate in programs, activities, or conduct business on behalf of<br />
Appalachian.<br />
<br />
== Definitions ==<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
4.1 Equal Opportunity Non-Discrimination<br />
<br />
4.1.1 Appalachian State University is committed to providing equal opportunity in education and<br />
employment to all applicants, students, and employees. Appalachian does not discriminate in access<br />
to its educational programs or activities, or with respect to hiring or the terms and conditions of<br />
employment, on the basis of age, color, disability, gender, gender expression, gender identity, genetic<br />
information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual<br />
orientation, or veteran status. Appalachian actively promotes diversity among students and<br />
employees.<br />
<br />
4.1.2 The Office of Disability Resources (ODR) is the designated office to assist eligible students,<br />
faculty, staff and visitors with disabilities by determining access needs and coordinating academic<br />
adjustments or workplace accommodations and compliance with the Americans with Disabilities Act<br />
(ADA) and Section 504 of the Rehabilitation Act (Section 504). For disability related inquiries, please<br />
contact the ADA/504 Coordinator.<br />
<br />
4.1.3 The Office of Title IX Compliance coordinates the University’s compliance with Title IX and<br />
ensures that the University responds appropriately, effectively, and equitably to Title IX issues,<br />
including sex- and gender-based harassment and discrimination, which includes sexual misconduct.<br />
For Title IX related inquiries, please contact the Title IX Coordinator.<br />
<br />
4.1.4 The Office of Human Resources in collaboration with the University's Equal Employment Opportunity<br />
Officer, is responsible for coordinating compliance with university policies prohibiting discriminatory employment<br />
practices and managing the University's Equal Employment Opportunities/Affirmative Action programs. For Equal Employment<br />
Opportunity contact the Equal Employment Officer, for Affirmative Action inquiries, please contact the Office of Human Resources.<br />
<br />
== Additional References ==<br />
[[Discrimination and Harassment|Appalachian Policy 110 – Discrimination and Harassment]]<br />
<br />
[[Sex-Based Misconduct|Appalachian Policy 112 – Sex-Based Misconduct]]<br />
<br />
[[EHRA Employees|Appalachian Policy 601.8 – EHRA Employees]]<br />
<br />
[[Workplace Violence|Appalachian Policy 602.32 – Workplace Violence]]<br />
<br />
== Authority ==<br />
Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)<br />
<br />
Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994<br />
<br />
Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.)<br />
<br />
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq.)<br />
<br />
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990<br />
<br />
Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)<br />
<br />
Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.) <br />
<br />
== Contact Information ==<br />
[https://odr.appstate.edu/ Office of Disability Resources] (828-262-3056)<br />
<br />
[https://hr.appstate.edu/ Office of Human Resources] (828-262-3186)<br />
<br />
[https://titleix.appstate.edu/ Office of Title IX Compliance] (828-262-2144)<br />
<br />
Equal Employment Opportunity (equalopportunity@appstate.edu)<br />
<br />
== Original Effective Date ==<br />
<br />
October 1, 2011<br />
<br />
== Revision Dates ==<br />
:June 25, 2012<br />
:September 9, 2020<br />
:November 5, 2021 - previously policy 114<br />
<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Equal_Opportunity&diff=12467Equal Opportunity2022-11-04T20:26:43Z<p>Blockermg: /* Policy and Procedure Statements */</p>
<hr />
<div>Policy 108<br />
<br />
<br />
:NOTE: For purposes of all Appalachian State University policies, references to SPA (subject to the State Personnel Act [former terminology]) shall be interchangeable with SHRA (subject to the State Human Resources Act [current terminology]); and references to EPA (exempt from the State Personnel Act [former terminology]) shall be interchangeable with EHRA (exempt from the State Human Resources Act [current terminology]).<br />
<br />
== Introduction ==<br />
'''1.1''' Appalachian State University (“Appalachian”) is committed to providing an equal opportunity experience<br />
to the Appalachian community.<br />
<br />
== Scope ==<br />
'''2.1''' This policy applies to all members of the Appalachian community, including students, faculty, staff,<br />
visitors, volunteers, and others who participate in programs, activities, or conduct business on behalf of<br />
Appalachian.<br />
<br />
== Definitions ==<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
4.1 Equal Opportunity Non-Discrimination<br />
<br />
4.1.1 Appalachian State University is committed to providing equal opportunity in education and<br />
employment to all applicants, students, and employees. Appalachian does not discriminate in access<br />
to its educational programs or activities, or with respect to hiring or the terms and conditions of<br />
employment, on the basis of age, color, disability, gender, gender expression, gender identity, genetic<br />
information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual<br />
orientation, or veteran status. Appalachian actively promotes diversity among students and<br />
employees.<br />
<br />
4.1.2 The Office of Disability Resources (ODR) is the designated office to assist eligible students,<br />
faculty, staff and visitors with disabilities by determining access needs and coordinating academic<br />
adjustments or workplace accommodations and compliance with the Americans with Disabilities Act<br />
(ADA) and Section 504 of the Rehabilitation Act (Section 504). For disability related inquiries, please<br />
contact the ADA/504 Coordinator.<br />
<br />
4.1.3 The Office of Title IX Compliance coordinates the University’s compliance with Title IX and<br />
ensures that the University responds appropriately, effectively, and equitably to Title IX issues,<br />
including sex- and gender-based harassment and discrimination, which includes sexual misconduct.<br />
For Title IX related inquiries, please contact the Title IX Coordinator.<br />
<br />
4.1.4 The Office of Human Resources in collaboration with the University's Equal Employment Opportunity<br />
Officer, is responsible for coordinating compliance with university policies prohibiting discriminatory employment<br />
practices and managing the University's Equal Employment Opportunities/Affirmative Action programs. For Equal Employment<br />
Opportunity contact the Equal Employment Officer, for Affirmative Action inquiries, please contact the Office of Human Resources.<br />
<br />
== Additional References ==<br />
[[Discrimination and Harassment|Appalachian Policy 110 – Discrimination and Harassment]]<br />
<br />
[[Sex-Based Misconduct|Appalachian Policy 112 – Sex-Based Misconduct]]<br />
<br />
[[EHRA Employees|Appalachian Policy 601.8 – EHRA Employees]]<br />
<br />
[[Workplace Violence|Appalachian Policy 602.32 – Workplace Violence]]<br />
<br />
== Authority ==<br />
Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)<br />
<br />
Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994<br />
<br />
Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.)<br />
<br />
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq.)<br />
<br />
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990<br />
<br />
Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)<br />
<br />
Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.) <br />
<br />
== Contact Information ==<br />
[https://odr.appstate.edu/ Office of Disability Resources] (828-262-3056)<br />
<br />
[https://hr.appstate.edu/ Office of Human Resources] (828-262-3186)<br />
<br />
[https://titleix.appstate.edu/ Office of Title IX Compliance] (828-262-2144)<br />
<br />
== Original Effective Date ==<br />
<br />
October 1, 2011<br />
<br />
== Revision Dates ==<br />
:June 25, 2012<br />
:September 9, 2020<br />
:November 5, 2021 - previously policy 114<br />
<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Facility_Use&diff=12466Facility Use2022-10-26T16:51:00Z<p>Blockermg: /* Publicly Available Facilities */</p>
<hr />
<div>Policy 104<br />
<br />
== Introduction ==<br />
1.1 The primary use of any Appalachian State University (“Appalachian”) facility shall be for purposes<br />
related to and consistent with the University’s missions. Appalachian’s mission, as it relates to the use<br />
of related facilities, is to encourage the free exchange of ideas on campus while assuring that other<br />
important University interests and activities are not infringed upon or disrupted.<br />
<br />
1.2 Except as provided by federal and state law, University property is not a place of unrestricted public<br />
access. The instructional, research, and service needs of the University shall take precedence over any<br />
other prospective use of University facilities. <br />
<br />
1.3 The purpose of this policy is to set forth the conditions under which Appalachian facilities may be<br />
used by persons or organizations for purposes other than their primary function. There may be<br />
additional policies specific to certain facilities or for specific events that may include more restrictive<br />
provisions than this policy. Persons or organizations seeking to use any University Facility are<br />
advised to inquire about the existence of any such additional policies at the time they reserve its use.<br />
<br />
== Scope ==<br />
2.1 This policy applies to any and all Facilities owned, leased, or under the authority of Appalachian.<br />
<br />
== Definitions ==<br />
=== Facilities ===<br />
:All buildings and structures, grounds, sidewalks, recreation areas, and streets considered to be part of the campus owned, leased or under the authority of Appalachian. Appalachian Facilities are divided into two general categories: Publicly Available Facilities and Non-Publicly Available Facilities.<br />
<br />
=== Publicly Available Facilities ===<br />
:Facilities which Appalachian makes available for Use by students, faculty, staff, and officially recognized Appalachian organizations, as well individuals and groups that are not otherwise affiliated with Appalachian. A list of Publicly Available Facilities may be viewed in the following document [https://policy.appstate.edu/images/6/6b/Publicly_Available_Facilities_%28Appendix_A%29_10.26.22.pdf Publicly Available Facilities (“Appendix A”)].<br />
<br />
=== Non-Publicly Available Facilities ===<br />
:Facilities of Appalachian which are not publicly available and are only available to University students, faculty, and staff and officially recognized Appalachian organizations. Facilities not listed in Appendix A are not available for Use by individuals or groups not affiliated with the University.<br />
<br />
=== Use ===<br />
:An individual or group’s presence, occupancy, activity, or event, in or upon Appalachian’s Facilities.<br />
:Examples of events and activities that constitute “Use” under this policy include, but are not limited to:<br />
:* meetings and activities of students and student organizations;<br />
:* solicitations, fundraising, sales, and other commercial activities;<br />
:* conducting polls, surveys, or interviews;<br />
:* display of signs, message boards, chalking or similar items;<br />
:* demonstrations, protests, rallies, vigils, and assemblies; and<br />
:* meetings, activities, conferences, speeches, performances, and other events by nonUniversity affiliated groups or individuals.<br />
<br />
=== Unscheduled Public Speaking Area ===<br />
:Areas on campus at which Appalachian permits assemblies and gatherings of University affiliated and non-affiliated persons and groups without prior approval, for noncommercial purposes, on a first-come first-served basis, unless the Use of such area(s) have been previously scheduled pursuant to other provisions of this Policy. Appalachian’s Unscheduled Public Speaking Areas only include Sanford Mall and Durham Park.<br />
<br />
=== Authorized Designee ===<br />
: A University official responsible for reviewing and approving the Use of Appalachian Facilities, as referenced in Appendix A, or as otherwise identified by the University.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Publicly Available Facilities ===<br />
'''4.1.1 General'''<br />
:Any individual or group, including Appalachian students, faculty and staff, may reserve and use Publicly Available Facilities for any lawful purpose, subject to the provisions of this policy.<br />
<br />
'''4.1.2 Reservations'''<br />
: Reservation of indoor locations is required for any Use by individuals or groups whether affiliated or nonaffiliated with Appalachian. Some Publicly Available Facilities, both indoor and outdoor, may be open to ordinary pedestrian traffic. However, if those areas are used for scheduled events, reservations are required.<br />
<br />
:'''4.1.2.1 Reservations by Non-Affiliated Organizations or Individuals'''<br />
:: Non-affiliated organizations or individuals may only make reservations of Publicly Available Facilities when made with a University-affiliated organization or department. In all cases, non-affiliated organizations or individuals are required to reimburse Appalachian for reservation fees (Section 4.1.2.5) and safety and security costs (Section 4.1.2.6). Non-Publicly Available Facilities are limited for Use by Appalachian faculty, students, staff and officially recognized University Organizations for activities related to the University’s education, research and service missions. Appalachian faculty, students, staff and organizations may not reserve a Non-Publicly Available Facility on behalf of or for the Use of an outside organization. The Authorized Designee of Appalachian for a Non-Publicly Available Facility may deny or rescind permission to Use that Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially-recognized organization making the reservation. The faculty, student, or staff making the reservation:<br />
::* must be a current student, staff, or faculty member;<br />
::* must be making the reservation on behalf of the student-organization or other University affiliated organization or department (if made by a faculty or staff member, the employee must be making the reservation in connection to the University’s mission; and if by an officially-recognized organization, the reservation must be for the benefit of the organization);<br />
::* all communications regarding event plans and preparations must be completed by the student member, faculty, or staff, as applicable; and<br />
::* the student organization or University-affiliated organization must be listed as a sponsor on all publicity.<br />
<br />
:'''4.1.2.2 Fronting for Non-Affiliated Individuals and Groups'''<br />
::Appalachian faculty, students, staff and organizations also may not reserve Publicly Available Facilities on behalf of or for the Use of an outside organization so the outside organization can use the Facility at a reduced rate. This conduct constitutes “Fronting” and is prohibited. The Authorized Designee of Appalachian for a Publicly Available Facility may apply the public rate for Use of the Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially recognized organization making the reservation.<br />
<br />
:'''4.1.2.3 Fronting for Faculty, Staff or University Departments'''<br />
::A student organization may not place a reservation for faculty, staff or University department in order to receive free or reduced fees. A faculty or staff member or University department may not use the name of a student/student organization to place a reservation in order to receive free or reduced fees.<br />
<br />
:'''4.1.2.4 Limitation of Liability'''<br />
::Appalachian shall not be liable or responsible for financial or other damages incurred by an individual or organization whose permission to Use a Facility is denied, rescinded or modified (including a rate change), pursuant to Fronting.<br />
<br />
:'''4.1.2.5 Reservation Fees'''<br />
::There may be fees associated with the reservation and use of any Publicly Available Facility (fees may differ for affiliated and non-affiliated individuals and groups), which shall be objectively determined based on content-neutral criteria including, but not limited to, the anticipated attendance, security, maintenance, staffing, cleaning and equipment requirements.<br />
<br />
:'''4.1.2.6 Safety & Security'''<br />
::Any affiliated or non-affiliated group that requires security, emergency management services, or other safety staffing for its registered event, is responsible for paying reasonable costs for those services. Information regarding fees and reservations for these Facilities can be obtained by contacting the Authorized Designee. Please note that many of these Facilities have specific restrictions as to occupancy, hours of use, and other requirements, and may not be available or suitable for every requested use. Use of alcohol at any event at a Publicly Available Facility is subject to Appalachian Policy 106.1 – Alcoholic Beverages.<br />
<br />
=== Non-Publicly Available Facilities ===<br />
'''4.2.1 General'''<br />
:Use of Non-Publicly Available Facilities shall be restricted to activities related to the education, research and service missions of the University.<br />
<br />
'''4.2.2 Types of Non-Publicly Available Facilities'''<br />
:Unless otherwise specified, the following are Non-Publicly Available Facilities:<br />
:* all Facilities not identified in Appendix A;<br />
:* all private offices and laboratories; and<br />
:* the Dining Hall Bridge (because this space is limited to the public as a walkway).<br />
<br />
=== Requests for the Use of Publicly Available Facilities ===<br />
'''4.3.1 General'''<br />
:Requests for the Use of Appalachian Facilities must be submitted to the Authorized Designee for that Facility.<br />
<br />
'''4.3.2 Requests Must be in Writing'''<br />
:All requests should be in writing on the [https://appstate.campuslabs.com/engage/submitter/form/step/1?Guid=b710004d-d565-4a3e-9106-5451ca39d52e Appalachian Facility Use Request Form] (hereinafter, “Appendix B”). Certain Facilities have additional registration or Use requirements. Please check with the Authorized Designee when making reservations for a specific Facility to ensure all requirements are met.<br />
<br />
'''4.3.3 Submission of Written Requests'''<br />
:The completed Facility Use Request Form, Appendix B, should be submitted in accordance with the time frames set by the particular Facility. If no time frame is set for the Facility, Appalachian requests submission of the form to the Authorized Designee at least seven (7) days prior to the anticipated Use to allow sufficient time to review and respond to the request. Submissions that are made within six (6) days of the anticipated Use will be considered, but there is no guarantee that Use of the Facilities requested will be accommodated if the time, place, or manner of the requested Use is not compatible with the Facility. This holds true for all requests. Also, any competing requests for Use of a Facility will be resolved on a “first come, first served” basis, with preference given to individuals or groups affiliated with the University.<br />
<br />
'''4.3.4 Initial Determination of Facility Use'''<br />
:When reserving space for events or activities, assuming that no scheduling conflicts with another event, the Authorized Designee in consultation with the appropriate University official(s) will consider:<br />
:*whether the requested location is suitable for the event or activity;<br />
:*whether the event or activity is compatible with the mission of the University;<br />
:*whether the event meets the appropriate University time, manner, and place restrictions; and<br />
:*whether health and safety concerns require special precautions or arrangements for this location.<br />
<br />
'''4.3.5 Facility Use Considerations'''<br />
:In making these considerations, the following factors shall also be considered, in addition to any other content-neutral factors that may be relevant to a particular Facility:<br />
:*the anticipated size of the proposed event or activity;<br />
:*noise likely to be generated by the proposed event or activity, and the impact, if any, on academic activities or other University activities in the vicinity;<br />
:*impact of the proposed event or activity on traffic;<br />
:*whether the accommodations provided in the requested location are suitable and adequate for the proposed event or activity;<br />
:*whether the proposed event or activity complies with applicable laws, rules, regulations, and policies;<br />
:*whether the proposed event or activity poses any risk to the health or safety of participants, observers, or others in the vicinity of the event or activity; and<br />
:*whether the proposed event or activity conflicts with any pending exclusive rights contracts of the University.<br />
<br />
'''4.3.6 Denial of a Facility Use Request'''<br />
:The Authorized Designee may deny a request to reserve space for an event or activity if:<br />
:*the applicant has not completed a reservation request form as expressed under this policy;<br />
:*the request to reserve space contains a material misrepresentation or materially false statement;<br />
:*the request is not submitted within the time frames identified in Section 4.3.3;<br />
:*the applicant has been notified of damage to University Facilities or grounds from Use in the past in violation of University rules, regulations, or policies, and has not paid for repairs;<br />
:*the applicant has an outstanding balance for previous reservations or services with the University;<br />
:*the request to Use Facilities or grounds is scheduled at a time that conflicts with the time of another preexisting scheduled reservation; or<br />
:*the Use or activity would present an unreasonable health or safety danger.<br />
<br />
=== Insurance ===<br />
All nonaffiliated individuals or groups requesting space for any reason at Appalachian will be required to<br />
obtain and provide proof of liability insurance based on the insurance requirements set by the University’s<br />
Risk Manager<br />
<br />
=== Scheduling Priorities ===<br />
'''4.5.1 General'''<br />
:Generally, Facilities will be reserved on a first come, first serve basis. However, official activities of Appalachian itself have precedence over all extracurricular events and all activities of other users.<br />
<br />
'''4.5.2 Scheduling Priority'''<br />
:Activities of recognized student organizations and groups have scheduling priority over those of other users except the University. Occasions may arise when, in order to accommodate official University activities and functions, an official University activity takes precedence for Use of an already scheduled space. In the event rescheduling is necessary, the Vice Chancellor for Student Affairs (or his or her designee) will work with the sponsors or organizers of the displaced activity to find suitable alternative locations and times, and otherwise to provide all assistance that is reasonable under the circumstances.<br />
<br />
'''4.5.3 Scheduling Conflicts'''<br />
:In the event of conflict with multiple or competing individuals or groups desiring to Use the same space at the same time, the University reserves the right to resolve the conflict in a peaceable and orderly manner. While reasonable effort will be made to allow each individual or group to Use the space at their desired time, if the space cannot reasonably accommodate such Use, then the University reserves the right to require one or more individuals or groups to Use a different permissible space or to Use the space at a different time. If multiple individuals or entities register to use the same space at the same time, priority will be granted in the order of registration.<br />
<br />
=== Policy Implementation and Compliance ===<br />
'''4.6.1 General'''<br />
:All individuals or groups, as well as all events and activities, using Appalachian Facilities are responsible for complying with all applicable laws, regulations, and Appalachian policies. Failure to adhere to these requirements is a basis for revoking permission to use Facilities and space and may result in disciplinary action.<br />
<br />
'''4.6.2 Destruction of Property'''<br />
:If any activity or event, in or upon a University Facility, is causing damage or destruction of property, or is imminently threatening to cause such damage or destruction, the University may require the activity or event to be relocated to an alternative space at the University. If it is not possible or appropriate to relocate the activity or event, the Vice Chancellor for Student Affairs (or his or her designee) or a member of the Appalachian Police Department may require the activity or event to cease immediately, and the individual(s) or group(s) participating in the activity or event may seek to reschedule it as long as the activity or event complies with all applicable laws and University policies.<br />
<br />
'''4.6.3 Refusing to Leave University Facilities During Hours When They Are Regularly Closed'''<br />
:Any person who continues to occupy any Appalachian Facility without prior permission of the Authorized Designee during hours when that Facility is regularly closed to the public may be subject to all civil and criminal penalties under North Carolina law.<br />
<br />
'''4.6.4 Termination of Use of University Facility'''<br />
:The University reserves the right to immediately terminate any Use of University Facilities or grounds if continuation of such Use will result in: (a) danger to participants or others; (b) unlawful conduct or violation of University policies by participants or others; or (c) interference with, disruption or disturbance of the University's educational mission, operations, business, or functions.<br />
<br />
'''4.6.5 Use of Amplifying System Prohibited'''<br />
:No public address or amplifying system may be used at any time in any Facility, or on University grounds, without written approval in advance from the appropriate Authorized Designee. Use of sound amplification equipment must comply with the University's and the Town of Boone's noise regulations.<br />
<br />
'''4.6.6 Authority and Oversight'''<br />
:The Chancellor has delegated authority and oversight for the administration and implementation of this policy to the Vice Chancellor for Student Affairs, which shall include updating and revising Appendix A and Appendix B as needed.<br />
<br />
== Additional References ==<br />
:[https://policy.appstate.edu/images/6/6b/Publicly_Available_Facilities_%28Appendix_A%29_10.26.22.pdf Publicly Available Facilities (“Appendix A”)]<br />
:[https://policy.appstate.edu/images/c/cd/LLHS_Room_Reservation_Policies.pdf Leon Levine Hall Room Reservation Policies]<br />
:[https://appstate.campuslabs.com/engage/submitter/form/step/1?Guid=b710004d-d565-4a3e-9106-5451ca39d52e Appalachian Facility Use Request Form (“Appendix B”)]<br />
:[https://www.northcarolina.edu/offices-and-services/governance-legal-and-risk/campus-free-speech-and-free-expression/ UNC System Campus Free Speech and Free Expression]<br />
:[[Alcoholic Beverages|Appalachian Policy 106.1 – Alcoholic Beverages]]<br />
:[[University Police Services|Appalachian Policy 301.2 – University Police Services]]<br />
:[[Food Services|Appalachian Policy 505 – Food Services]]<br />
<br />
== Authority ==<br />
:UNC System Policy - Chapter 1300.8<br />
<br />
== Contact Information ==<br />
:Office of Student Affairs 828.262.2060<br />
:Office of Academic Affairs 828.262.2070<br />
:Appalachian Department of Public Safety 828.262.2150<br />
<br />
== Original Effective Date ==<br />
:September 22, 2004<br />
<br />
== Revision Dates ==<br />
<br />
:January 22, 2015<br />
:September 23, 2016<br />
:June 21, 2017<br />
:August 18, 2017<br />
:September 30, 2020<br />
:October 26, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Governance and Administration]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12461Credit Hours2022-09-29T17:04:11Z<p>Blockermg: /* Semester Credit Hour */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:The unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:The most commonly used unit for reporting the credit earned in a class and is based on a sixteen-week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the [https://transfer.appstate.edu/prospective-students/transferring-credits Transferring Credits] page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Credit for Life Experience ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit may be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning will commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Undergraduate Education| [https://academicaffairs.appstate.edu/ Academic Affairs] | 828-262-7660<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
:September 29, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12460Credit Hours2022-09-29T17:03:58Z<p>Blockermg: /* Credit Hour */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:The unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:the most commonly used unit for reporting the credit earned in a class and is based on a sixteen week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the [https://transfer.appstate.edu/prospective-students/transferring-credits Transferring Credits] page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Credit for Life Experience ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit may be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning will commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Undergraduate Education| [https://academicaffairs.appstate.edu/ Academic Affairs] | 828-262-7660<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
:September 29, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12459Credit Hours2022-09-29T16:43:04Z<p>Blockermg: /* Revision Dates */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:the unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:the most commonly used unit for reporting the credit earned in a class and is based on a sixteen week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the [https://transfer.appstate.edu/prospective-students/transferring-credits Transferring Credits] page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Credit for Life Experience ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit may be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning will commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Undergraduate Education| [https://academicaffairs.appstate.edu/ Academic Affairs] | 828-262-7660<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
:September 29, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12458Credit Hours2022-09-29T16:41:33Z<p>Blockermg: /* Contact Information */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:the unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:the most commonly used unit for reporting the credit earned in a class and is based on a sixteen week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the [https://transfer.appstate.edu/prospective-students/transferring-credits Transferring Credits] page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Credit for Life Experience ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit may be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning will commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Undergraduate Education| [https://academicaffairs.appstate.edu/ Academic Affairs] | 828-262-7660<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12457Credit Hours2022-09-29T16:37:12Z<p>Blockermg: /* Contact Information */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:the unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:the most commonly used unit for reporting the credit earned in a class and is based on a sixteen week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the [https://transfer.appstate.edu/prospective-students/transferring-credits Transferring Credits] page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Credit for Life Experience ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit may be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning will commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Undergraduate Education| Academic Affairs | 828-262-7660<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12456Credit Hours2022-09-29T16:36:23Z<p>Blockermg: /* Dual Degree/Middle College/Etc. */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:the unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:the most commonly used unit for reporting the credit earned in a class and is based on a sixteen week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the [https://transfer.appstate.edu/prospective-students/transferring-credits Transferring Credits] page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Credit for Life Experience ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit may be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning will commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Faculty Policies and Development | Academic Affairs | 828-262-2643<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12455Credit Hours2022-09-29T16:35:31Z<p>Blockermg: /* Types of Credit Awarded by Appalachian State University */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:the unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:the most commonly used unit for reporting the credit earned in a class and is based on a sixteen week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the [https://transfer.appstate.edu/prospective-students/transferring-credits Transferring Credits] page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Dual Degree/Middle College/Etc. ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit can be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning can commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Faculty Policies and Development | Academic Affairs | 828-262-2643<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12454Credit Hours2022-09-29T16:35:16Z<p>Blockermg: /* Types of Credit Awarded by Appalachian State University */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:the unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:the most commonly used unit for reporting the credit earned in a class and is based on a sixteen week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the [https://transfer.appstate.edu/prospective-students/transferring-credits Transferring Credits] Transferring Credits page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Dual Degree/Middle College/Etc. ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit can be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning can commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Faculty Policies and Development | Academic Affairs | 828-262-2643<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12453Credit Hours2022-09-29T16:32:51Z<p>Blockermg: /* Types of Credit Awarded by Appalachian State University */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:the unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:the most commonly used unit for reporting the credit earned in a class and is based on a sixteen week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the Transferring Credits page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Dual Degree/Middle College/Etc. ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit can be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning can commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Faculty Policies and Development | Academic Affairs | 828-262-2643<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Credit_Hours&diff=12452Credit Hours2022-09-29T16:32:22Z<p>Blockermg: /* Types of Credit Awarded by Appalachian State University */</p>
<hr />
<div>Policy 214<br />
== Purpose ==<br />
<br />
The purpose of this policy is to support Appalachian State University’s compliance with the Southern Association of Colleges and Schools Commission on Colleges’ (SACSCOC or “Commission”) expectations regarding credits and federal regulations governing the award of financial aid.<br />
<br />
== Scope ==<br />
This applies to all faculty, staff and students of Appalachian State University.<br />
<br />
== Definitions ==<br />
<br />
=== Credit Hour === <br />
:the unit by which an institution measures its course work. The number of hours assigned to a course is a measure of the outcomes expected, the mode of instruction, the amount of time spent in class, and the amount of work that is expected outside of class in order to complete all course objectives.<br />
<br />
=== Semester Credit Hour ===<br />
:the most commonly used unit for reporting the credit earned in a class and is based on a sixteen week calendar at Appalachian State University. Across the UNC system, a class must meet for a minimum of 750 minutes for every semester hour of credit.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== Introduction ===<br />
<br />
# '''Accreditation Standards''' - All courses offered for credit at Appalachian State University (the University) must meet both internal and external accreditation standards for class contact hours and for expected out-of-class learning.<br />
# '''Out-of-Class Preparation''' - Students should expect to spend at least two to three hours of studying for every hour of class time. Hence, a fifteen hour academic load might reasonably require between 30 and 45 hours per week of out-of-class work.<br />
<br />
=== Types of Credit Awarded by Appalachian State University ===<br />
# '''Regular Credit'''<br />Credit earned for regularly offered collegiate courses of instruction that meet the requirements of a degree program.<br />
# '''Thesis Credit'''<br />Students who are judged by the thesis or dissertation committee chair to be making satisfactory progress in the term of enrollment will be assigned a grade of IP (in progress) by the chair for that term. Students who are not progressing satisfactorily will be assigned a grade of U. This credit allows measure of the expected amount of work and the resources used, while the student actually earns zero degree credit hours.<br />
# '''Transfer Credit'''<br />Appalachian State University students may earn transfer credit from a variety of sources, including but not necessarily limited to: hours earned at other regionally-accredited institutions with a grade of “C” (2.0) or better; credit by exam (e.g., Advanced Placement, International Baccalaureate, Cambridge AS / A and CLEP); military coursework and experience; and international coursework. With respect to coursework completed at North Carolina Community Colleges, Appalachian abides by the North Carolina Comprehensive Articulation Agreement (CAA), which dictates that students who have earned an Associate in Arts (AA) or Associate in Science (AS) degree from any North Carolina Community College with a grade of “C” or better in all CAA courses have met the general education requirements of any University of North Carolina campus. For students not receiving an AA or an AS degree, up to 30 semester hours of Universal General Education Transfer Component (UGETC) coursework from a North Carolina Community College may be applied toward a University of North Carolina campus’ lower-division general education requirements. Courses not previously approved may be submitted to the appropriate department for equivalency review. All coursework over ten years old will be reviewed by academic departments to determine transferability. Appalachian does NOT accept remedial or developmental coursework. For more information on Appalachian’s transfer credit policy, please visit the [[Transferring Credits]] page, hosted by the Office of Transfer Admissions & Engagement.<br />
<br />
=== Dual Degree/Middle College/Etc. ===<br />
<br />
# '''Life Experience'''<br />In exceptional cases, credit can be awarded for prior non-college-based learning if the credit sought is related to the student’s degree program (i.e. general education, major or licensure requirements). Assessment of prior learning can commence only after a student has been admitted to the University and has declared a major.<br />
# '''Assessment of Creditable Learning'''<br />Anyone seeking credit for life experience must be either a candidate for an undergraduate degree at Appalachian or taking courses for teacher licensure. Credit for life experience cannot be used to repeat a course, nor can it be used to meet the University’s residency requirements for graduation.<br />
<br />
<br />
{| class="wikitable"<br />
!colspan="6"|Summary of Semester Credit Hours Guidelines<br />
|-<br />
| '''Instructional Type'''<br />
| '''Weekly Student Class Hours'''<br />
| '''Preparation Weekly per Class Hours'''<br />
| '''Semester Minutes Class/Prep'''<br />
| '''Number of Semester Credit Hours Awarded'''<br />
| '''Notes'''<br />
|-<br />
!colspan="6"|Non-Laboratory Class Instruction<br />
|-<br />
| Lecture<br />
| 1 to 4<br />
| Required<br />
| 750-3,000/1,500-6,000<br />
| 1 to 4<br />
|<br />
|-<br />
| Seminar<br />
| 1 to 3<br />
| Required<br />
| 750 to 2,250/1,500-4,500<br />
| 1 to 3<br />
|<br />
|-<br />
| Web/Web Based<br />
| 3<br />
| Required<br />
| 2250/4,500<br />
| 3<br />
| <br />
|-<br />
| Majority/Web Based Hybrid<br />
| <br />
| <br />
| <br />
| <br />
| <br />
|-<br />
!colspan="6"| Lecture/Laboratory Class Instruction<br />
|-<br />
| Combined Lecture/Lab<br />
| 3 to 5 class hours<br />
| varies<br />
| 2,250-3,750/0<br />
| 4<br />
| <br />
|-<br />
| Combined Lecture/Studio<br />
| 1-5 class hours<br />
| varies<br />
| 750-3,750/0<br />
| 2 to 4<br />
| <br />
|-<br />
| Clinical<br />
| 5.6 to 8.4 class hours (84 to 126 contact hours per course)<br />
| varies<br />
| 750-3,750/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Laboratory Class Instruction<br />
|-<br />
| Laboratory<br />
| 1 to 3 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Studio<br />
| 2 to 4 class hours<br />
| varies<br />
| 750-2,250/0<br />
| 2 to 3<br />
| <br />
|-<br />
| Performance/Recital/Ensemble<br />
| 2-5 rehearsal hours<br />
| varies<br />
| 750-2,250/0<br />
| 0 to 1<br />
| <br />
|-<br />
| Physical Education/Outdoor/Activity based<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 1<br />
| <br />
|-<br />
| Conversational Foreign Language<br />
| 3 hours<br />
| varies<br />
| 750-2,250/0<br />
| 3<br />
| <br />
|-<br />
!colspan="6"| Independent Study<br />
|-<br />
| Instructional Assistant<br />
| 0<br />
| varies<br />
| <br />
| 1<br />
| <br />
|-<br />
| Lesson/Individual Instruction<br />
| 1 to 3<br />
| varies<br />
| 750 to 2250/0<br />
| varies<br />
| <br />
|-<br />
| Practicum<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Research<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
| <br />
|-<br />
| Student Teaching<br />
| 0<br />
| varies<br />
| <br />
| 12<br />
| <br />
|-<br />
| Thesis/Dissertation<br />
| 0<br />
| varies<br />
| <br />
| 1 to 3<br />
| <br />
|-<br />
| Field Experience<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Independent/Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Internship<br />
| 0<br />
| varies<br />
| <br />
| 1 to 12<br />
| <br />
|-<br />
!colspan="6"| Continuing Education- Other Credit<br />
|-<br />
| Study Abroad/Away<br />
| 1 to 3 hours<br />
| varies<br />
| varies<br />
| 1 to 6<br />
| Depends on length of trips<br />
|-<br />
| Individual Study<br />
| 0<br />
| varies<br />
| <br />
| varies<br />
|<br />
|-<br />
| Short course/conferences/workshops<br />
| 10 class hours<br />
| <br />
| 500/0<br />
| 1 CEU<br />
|<br />
|}<br />
<br />
== Appendices ==<br />
: [http://policy.appstate.edu/images/a/a6/UNC_Academic_Calendar.pdf Appendix A: UNC Policy Manual Statement on Credit Hours]<br />
: [http://policy.appstate.edu/images/a/a1/Study_Abroad_and_Away.pdf Appendix B: Study Abroad, Study Away, and other Short Term Courses]<br />
: [http://policy.appstate.edu/images/2/2b/Short_Term_Study_Approval_Process.pdf Appendix C: Approval Process for Short-Term Study – Away Courses (Includes any short-term course offered within U.S Borders)]<br />
: [http://policy.appstate.edu/images/2/2c/Examples_of_Credit_Hour_Classes_Meeting_Guidelines.pdf Appendix D: Examples of Classes That Meet Appalachian State University Credit Hour Guidelines]<br />
<br />
== Additional References ==<br />
<br />
#[https://registrar.appstate.edu/resources/course-catalogs/undergraduate-bulletin Appalachian State University Undergraduate Bulletin] <br />
#[http://policy.appstate.edu/Policy_on_Internet/Web-Based_Courses Appalachian State University Policy on Internet/Web-Based Courses] <br />
#[https://international.appstate.edu/faculty-staff-resources/faculty-led-program-proposal-forms AOEP Proposal Form]<br />
<br />
== Contact Information ==<br />
:Vice Provost for Faculty Policies and Development | Academic Affairs | 828-262-2643<br />
<br />
== Original Effective Date ==<br />
:August 30, 2012<br />
<br />
== Revision Dates ==<br />
:January 24, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12438Rules and Regulations2022-09-13T17:13:17Z<p>Blockermg: /* Revision Dates */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
4.1.1 Appalachian State University parking regulations shall be governed by Board of Trustee resolution. Such resolution shall be updated and made available by the Appalachian State University Department of Parking and Transportation. <br />
<br />
=== Authority ===<br />
<br />
4.2.1 The Chancellor shall delegate to the Vice Chancellor of Finance and Operations the responsibility for administering the provisions of these regulations. The Vice Chancellor of Finance and Operations shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/default/files/2023_parking_and_traffic_regulations.pdf Appalachian State University Parking and Traffic Regulations 2022]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
:September 7, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12437Rules and Regulations2022-09-13T17:12:36Z<p>Blockermg: /* Additional References */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
4.1.1 Appalachian State University parking regulations shall be governed by Board of Trustee resolution. Such resolution shall be updated and made available by the Appalachian State University Department of Parking and Transportation. <br />
<br />
=== Authority ===<br />
<br />
4.2.1 The Chancellor shall delegate to the Vice Chancellor of Finance and Operations the responsibility for administering the provisions of these regulations. The Vice Chancellor of Finance and Operations shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/default/files/2023_parking_and_traffic_regulations.pdf Appalachian State University Parking and Traffic Regulations 2022]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12436Rules and Regulations2022-09-13T17:10:04Z<p>Blockermg: /* Policy and Procedure Statements */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
4.1.1 Appalachian State University parking regulations shall be governed by Board of Trustee resolution. Such resolution shall be updated and made available by the Appalachian State University Department of Parking and Transportation. <br />
<br />
=== Authority ===<br />
<br />
4.2.1 The Chancellor shall delegate to the Vice Chancellor of Finance and Operations the responsibility for administering the provisions of these regulations. The Vice Chancellor of Finance and Operations shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12435Rules and Regulations2022-09-13T17:08:07Z<p>Blockermg: /* Policy and Procedure Statements */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
4.1.1 Appalachian State University parking regulations shall be governed by Board of Trustee resolution. Such resolution shall be updated and made available by the Appalachian State University Department of Parking and Transportation. <br />
<br />
==== Authority ====<br />
<br />
4.2.1 The Chancellor shall delegate to the Vice Chancellor of Finance and Operations the responsibility for administering the provisions of these regulations. The Vice Chancellor of Finance and Operations shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12434Rules and Regulations2022-09-13T17:07:20Z<p>Blockermg: /* Vehicle Registration */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
4.1.1 Appalachian State University parking regulations shall be governed by Board of Trustee resolution. Such resolution shall be updated and made available by the Appalachian State University Department of Parking and Transportation. <br />
<br />
==== Authority ====<br />
<br />
4.2.1 The Chancellor shall delegate to the Vice Chancellor of Finance and Operations the responsibility for administering the provisions of these regulations. The Vice Chancellor of Finance and Operations shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
=== Authority=== <br />
4.2.1 The Chancellor shall delegate to the Vice Chancellor of Finance and Operations the responsibility for administering the provisions of these regulations. The Vice Chancellor of Finance and Operations shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12433Rules and Regulations2022-09-13T17:05:22Z<p>Blockermg: /* General Regulations */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
4.1.1 Appalachian State University parking regulations shall be governed by Board of Trustee resolution. Such resolution shall be updated and made available by the Appalachian State University Department of Parking and Transportation. <br />
<br />
==== Authority ====<br />
<br />
4.2.1 The Chancellor shall delegate to the Vice Chancellor of Finance and Operations the responsibility for administering the provisions of these regulations. The Vice Chancellor of Finance and Operations shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
<br />
Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
<br />
==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
<br />
4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
<br />
==== Eligibility for Permits ====<br />
<br />
#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
<br />
4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
<br />
4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
<br />
4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
<br />
4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
<br />
4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
<br />
4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
<br />
4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
<br />
4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
<br />
4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
<br />
4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
<br />
4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
<br />
#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
<br />
4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
<br />
==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
<br />
==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12432Rules and Regulations2022-09-13T16:56:59Z<p>Blockermg: /* Definitions */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
<br />
==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
<br />
==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
<br />
==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
<br />
==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
<br />
==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
<br />
==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
<br />
=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
<br />
Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
<br />
==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
<br />
4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
<br />
==== Eligibility for Permits ====<br />
<br />
#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
<br />
4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
<br />
4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
<br />
4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
<br />
4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
<br />
4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
<br />
4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
<br />
4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
<br />
4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
<br />
4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
<br />
4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
<br />
4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
<br />
#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
<br />
4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
<br />
==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
<br />
==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12431Rules and Regulations2022-09-13T16:56:42Z<p>Blockermg: /* Intersection */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
=== Legal Parking Space ===<br />
:An area that has been clearly designated by pavement markings as a parking space. <br />
=== No Parking Area === <br />
:Any area not clearly designated by pavement markings as a parking space shall be considered a no parking area. <br />
=== Park ===<br />
:The standing of a vehicle whether occupied or not. <br />
=== Parking Area ===<br />
:Any place or area set aside, marked or intended for the parking of vehicles, either permanently or temporarily. <br />
=== Pay Lot ===<br />
:Any parking lot or area where payment for parking is required based on the length of time the vehicle is parked. Pay lots may be operated by automated pay machines, meters or by attendants who collect the parking fees. <br />
=== Sidewalk ===<br />
:Any area designated for or marked by proper authorities for the exclusive use of pedestrians. <br />
=== Staff Member === <br />
:Any non-faculty employee paid by the state and employed at the University on a full or part-time basis. <br />
=== Stop === <br />
:When required, means complete cessation of movement of a vehicle. <br />
=== Street === <br />
:Any way or place designated or marked by proper authorities for vehicular travel. <br />
=== Student === <br />
:Any person registered with the University as a full-time, part-time, graduate or other special student. This does not include employees of the University who are in a full-time permanent position and subject to SHRA or EHRA guidelines.<br />
<br />
=== Towing === <br />
:The removal of a vehicle from the campus by a contracted towing firm at the vehicle operator’s expense. <br />
=== University === <br />
:Unless otherwise provided, the word “University” throughout these regulations shall be interpreted to mean Appalachian State University at Boone. <br />
=== Vehicle === <br />
:Any device in, upon, or by which any person or property is or may be transported or drawn upon the campus, excepting devices moved by human power; the term motorcycle, motor bike, or motor scooter in these regulations applies to any two-wheeled or three-wheeled motor propelled vehicle. <br />
=== Visitor === <br />
:Any person on the campus who is not classified as faculty, staff or student.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
<br />
==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
<br />
==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
<br />
==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
<br />
==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
<br />
==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
<br />
==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
<br />
=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
<br />
Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
<br />
==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
<br />
4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
<br />
==== Eligibility for Permits ====<br />
<br />
#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
<br />
4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
<br />
4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
<br />
4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
<br />
4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
<br />
4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
<br />
4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
<br />
4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
<br />
4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
<br />
4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
<br />
4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
<br />
4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
<br />
#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
<br />
4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
<br />
==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
<br />
==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12430Rules and Regulations2022-09-13T16:56:35Z<p>Blockermg: /* Immobilization (Booting) */</p>
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<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
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== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
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== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
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=== Intersection ===<br />
:The area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of two or more highways, streets or roadways, which join one another at any angle whether or not one such highway, street or roadway crosses the other. <br />
=== Legal Parking Space ===<br />
:An area that has been clearly designated by pavement markings as a parking space. <br />
=== No Parking Area === <br />
:Any area not clearly designated by pavement markings as a parking space shall be considered a no parking area. <br />
=== Park ===<br />
:The standing of a vehicle whether occupied or not. <br />
=== Parking Area ===<br />
:Any place or area set aside, marked or intended for the parking of vehicles, either permanently or temporarily. <br />
=== Pay Lot ===<br />
:Any parking lot or area where payment for parking is required based on the length of time the vehicle is parked. Pay lots may be operated by automated pay machines, meters or by attendants who collect the parking fees. <br />
=== Sidewalk ===<br />
:Any area designated for or marked by proper authorities for the exclusive use of pedestrians. <br />
=== Staff Member === <br />
:Any non-faculty employee paid by the state and employed at the University on a full or part-time basis. <br />
=== Stop === <br />
:When required, means complete cessation of movement of a vehicle. <br />
=== Street === <br />
:Any way or place designated or marked by proper authorities for vehicular travel. <br />
=== Student === <br />
:Any person registered with the University as a full-time, part-time, graduate or other special student. This does not include employees of the University who are in a full-time permanent position and subject to SHRA or EHRA guidelines.<br />
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=== Towing === <br />
:The removal of a vehicle from the campus by a contracted towing firm at the vehicle operator’s expense. <br />
=== University === <br />
:Unless otherwise provided, the word “University” throughout these regulations shall be interpreted to mean Appalachian State University at Boone. <br />
=== Vehicle === <br />
:Any device in, upon, or by which any person or property is or may be transported or drawn upon the campus, excepting devices moved by human power; the term motorcycle, motor bike, or motor scooter in these regulations applies to any two-wheeled or three-wheeled motor propelled vehicle. <br />
=== Visitor === <br />
:Any person on the campus who is not classified as faculty, staff or student.<br />
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== Policy and Procedure Statements ==<br />
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=== General Regulations ===<br />
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These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
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==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
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==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
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==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
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==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
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==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
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==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
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==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
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=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
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Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
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==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
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4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
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==== Eligibility for Permits ====<br />
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#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
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4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
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4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
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4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
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4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
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4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
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4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
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4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
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4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
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4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
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4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
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4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
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4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
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4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
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#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
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4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
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==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
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==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
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=== Vehicle Registration Fees ===<br />
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==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
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=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
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=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
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4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
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4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
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4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
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4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
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=== Disability Parking === <br />
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4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
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4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
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4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
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4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
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4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
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#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
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4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
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=== Display === <br />
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#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
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=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
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==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
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==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
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==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
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4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
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==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
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==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
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=== Regulations Governing the Operation of Motor Vehicles === <br />
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4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
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4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
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4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
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4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
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=== Parking For Special University Events ===<br />
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==== Home Football Games ==== <br />
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4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
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==== Other Events ==== <br />
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4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
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=== Motorcycle Parking ===<br />
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4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12429Rules and Regulations2022-09-13T16:56:27Z<p>Blockermg: /* Faculty Member */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
=== Immobilization (Booting)=== <br />
:The placing of a mechanical wheel lock (boot) on a vehicle to prevent movement of the vehicle. <br />
=== Intersection ===<br />
:The area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of two or more highways, streets or roadways, which join one another at any angle whether or not one such highway, street or roadway crosses the other. <br />
=== Legal Parking Space ===<br />
:An area that has been clearly designated by pavement markings as a parking space. <br />
=== No Parking Area === <br />
:Any area not clearly designated by pavement markings as a parking space shall be considered a no parking area. <br />
=== Park ===<br />
:The standing of a vehicle whether occupied or not. <br />
=== Parking Area ===<br />
:Any place or area set aside, marked or intended for the parking of vehicles, either permanently or temporarily. <br />
=== Pay Lot ===<br />
:Any parking lot or area where payment for parking is required based on the length of time the vehicle is parked. Pay lots may be operated by automated pay machines, meters or by attendants who collect the parking fees. <br />
=== Sidewalk ===<br />
:Any area designated for or marked by proper authorities for the exclusive use of pedestrians. <br />
=== Staff Member === <br />
:Any non-faculty employee paid by the state and employed at the University on a full or part-time basis. <br />
=== Stop === <br />
:When required, means complete cessation of movement of a vehicle. <br />
=== Street === <br />
:Any way or place designated or marked by proper authorities for vehicular travel. <br />
=== Student === <br />
:Any person registered with the University as a full-time, part-time, graduate or other special student. This does not include employees of the University who are in a full-time permanent position and subject to SHRA or EHRA guidelines.<br />
<br />
=== Towing === <br />
:The removal of a vehicle from the campus by a contracted towing firm at the vehicle operator’s expense. <br />
=== University === <br />
:Unless otherwise provided, the word “University” throughout these regulations shall be interpreted to mean Appalachian State University at Boone. <br />
=== Vehicle === <br />
:Any device in, upon, or by which any person or property is or may be transported or drawn upon the campus, excepting devices moved by human power; the term motorcycle, motor bike, or motor scooter in these regulations applies to any two-wheeled or three-wheeled motor propelled vehicle. <br />
=== Visitor === <br />
:Any person on the campus who is not classified as faculty, staff or student.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
<br />
==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
<br />
==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
<br />
==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
<br />
==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
<br />
==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
<br />
==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
<br />
=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
<br />
Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
<br />
==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
<br />
4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
<br />
==== Eligibility for Permits ====<br />
<br />
#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
<br />
4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
<br />
4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
<br />
4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
<br />
4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
<br />
4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
<br />
4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
<br />
4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
<br />
4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
<br />
4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
<br />
4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
<br />
4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
<br />
#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
<br />
4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
<br />
==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
<br />
==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12428Rules and Regulations2022-09-13T16:56:20Z<p>Blockermg: /* Dormant Storage */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
=== Faculty Member ===<br />
:Employees with faculty or equivalent professional status. (Graduate Assistants are not included). <br />
=== Immobilization (Booting)=== <br />
:The placing of a mechanical wheel lock (boot) on a vehicle to prevent movement of the vehicle. <br />
=== Intersection ===<br />
:The area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of two or more highways, streets or roadways, which join one another at any angle whether or not one such highway, street or roadway crosses the other. <br />
=== Legal Parking Space ===<br />
:An area that has been clearly designated by pavement markings as a parking space. <br />
=== No Parking Area === <br />
:Any area not clearly designated by pavement markings as a parking space shall be considered a no parking area. <br />
=== Park ===<br />
:The standing of a vehicle whether occupied or not. <br />
=== Parking Area ===<br />
:Any place or area set aside, marked or intended for the parking of vehicles, either permanently or temporarily. <br />
=== Pay Lot ===<br />
:Any parking lot or area where payment for parking is required based on the length of time the vehicle is parked. Pay lots may be operated by automated pay machines, meters or by attendants who collect the parking fees. <br />
=== Sidewalk ===<br />
:Any area designated for or marked by proper authorities for the exclusive use of pedestrians. <br />
=== Staff Member === <br />
:Any non-faculty employee paid by the state and employed at the University on a full or part-time basis. <br />
=== Stop === <br />
:When required, means complete cessation of movement of a vehicle. <br />
=== Street === <br />
:Any way or place designated or marked by proper authorities for vehicular travel. <br />
=== Student === <br />
:Any person registered with the University as a full-time, part-time, graduate or other special student. This does not include employees of the University who are in a full-time permanent position and subject to SHRA or EHRA guidelines.<br />
<br />
=== Towing === <br />
:The removal of a vehicle from the campus by a contracted towing firm at the vehicle operator’s expense. <br />
=== University === <br />
:Unless otherwise provided, the word “University” throughout these regulations shall be interpreted to mean Appalachian State University at Boone. <br />
=== Vehicle === <br />
:Any device in, upon, or by which any person or property is or may be transported or drawn upon the campus, excepting devices moved by human power; the term motorcycle, motor bike, or motor scooter in these regulations applies to any two-wheeled or three-wheeled motor propelled vehicle. <br />
=== Visitor === <br />
:Any person on the campus who is not classified as faculty, staff or student.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
<br />
==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
<br />
==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
<br />
==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
<br />
==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
<br />
==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
<br />
==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
<br />
=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
<br />
Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
<br />
==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
<br />
4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
<br />
==== Eligibility for Permits ====<br />
<br />
#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
<br />
4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
<br />
4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
<br />
4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
<br />
4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
<br />
4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
<br />
4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
<br />
4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
<br />
4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
<br />
4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
<br />
4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
<br />
4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
<br />
#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
<br />
4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
<br />
==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
<br />
==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12427Rules and Regulations2022-09-13T16:56:12Z<p>Blockermg: /* Director of Parking and Traffic */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
: The person designated by the Vice Chancellor of Finance and Operations to be responsible for enforcing the provisions of these regulations.<br />
<br />
=== Dormant Storage ===<br />
:The parking of a non-operative motor vehicle for a period longer than seven days. State owned vehicles and privately owned motor vehicles displaying a current parking permit and parked in an area authorized by the displayed permit shall not be classified as dormant unless there is evidence that the vehicle is inoperative. Failure to display a current authorized state license plate classifies a vehicle as inoperative. Inoperative vehicles may be removed from the campus after seven days at the owner’s expense. <br />
=== Faculty Member ===<br />
:Employees with faculty or equivalent professional status. (Graduate Assistants are not included). <br />
=== Immobilization (Booting)=== <br />
:The placing of a mechanical wheel lock (boot) on a vehicle to prevent movement of the vehicle. <br />
=== Intersection ===<br />
:The area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of two or more highways, streets or roadways, which join one another at any angle whether or not one such highway, street or roadway crosses the other. <br />
=== Legal Parking Space ===<br />
:An area that has been clearly designated by pavement markings as a parking space. <br />
=== No Parking Area === <br />
:Any area not clearly designated by pavement markings as a parking space shall be considered a no parking area. <br />
=== Park ===<br />
:The standing of a vehicle whether occupied or not. <br />
=== Parking Area ===<br />
:Any place or area set aside, marked or intended for the parking of vehicles, either permanently or temporarily. <br />
=== Pay Lot ===<br />
:Any parking lot or area where payment for parking is required based on the length of time the vehicle is parked. Pay lots may be operated by automated pay machines, meters or by attendants who collect the parking fees. <br />
=== Sidewalk ===<br />
:Any area designated for or marked by proper authorities for the exclusive use of pedestrians. <br />
=== Staff Member === <br />
:Any non-faculty employee paid by the state and employed at the University on a full or part-time basis. <br />
=== Stop === <br />
:When required, means complete cessation of movement of a vehicle. <br />
=== Street === <br />
:Any way or place designated or marked by proper authorities for vehicular travel. <br />
=== Student === <br />
:Any person registered with the University as a full-time, part-time, graduate or other special student. This does not include employees of the University who are in a full-time permanent position and subject to SHRA or EHRA guidelines.<br />
<br />
=== Towing === <br />
:The removal of a vehicle from the campus by a contracted towing firm at the vehicle operator’s expense. <br />
=== University === <br />
:Unless otherwise provided, the word “University” throughout these regulations shall be interpreted to mean Appalachian State University at Boone. <br />
=== Vehicle === <br />
:Any device in, upon, or by which any person or property is or may be transported or drawn upon the campus, excepting devices moved by human power; the term motorcycle, motor bike, or motor scooter in these regulations applies to any two-wheeled or three-wheeled motor propelled vehicle. <br />
=== Visitor === <br />
:Any person on the campus who is not classified as faculty, staff or student.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
<br />
==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
<br />
==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
<br />
==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
<br />
==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
<br />
==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
<br />
==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
<br />
=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
<br />
Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
<br />
==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
<br />
4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
<br />
==== Eligibility for Permits ====<br />
<br />
#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
<br />
4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
<br />
4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
<br />
4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
<br />
4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
<br />
4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
<br />
4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
<br />
4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
<br />
4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
<br />
4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
<br />
4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
<br />
4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
<br />
#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
<br />
4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
<br />
==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
<br />
==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12426Rules and Regulations2022-09-13T16:55:44Z<p>Blockermg: /* Crosswalk */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Director of Parking and Traffic === <br />
:The person designated by the Vice Chancellor for Business Affairs to be responsible for enforcing the provisions of these regulations. <br />
=== Dormant Storage ===<br />
:The parking of a non-operative motor vehicle for a period longer than seven days. State owned vehicles and privately owned motor vehicles displaying a current parking permit and parked in an area authorized by the displayed permit shall not be classified as dormant unless there is evidence that the vehicle is inoperative. Failure to display a current authorized state license plate classifies a vehicle as inoperative. Inoperative vehicles may be removed from the campus after seven days at the owner’s expense. <br />
=== Faculty Member ===<br />
:Employees with faculty or equivalent professional status. (Graduate Assistants are not included). <br />
=== Immobilization (Booting)=== <br />
:The placing of a mechanical wheel lock (boot) on a vehicle to prevent movement of the vehicle. <br />
=== Intersection ===<br />
:The area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of two or more highways, streets or roadways, which join one another at any angle whether or not one such highway, street or roadway crosses the other. <br />
=== Legal Parking Space ===<br />
:An area that has been clearly designated by pavement markings as a parking space. <br />
=== No Parking Area === <br />
:Any area not clearly designated by pavement markings as a parking space shall be considered a no parking area. <br />
=== Park ===<br />
:The standing of a vehicle whether occupied or not. <br />
=== Parking Area ===<br />
:Any place or area set aside, marked or intended for the parking of vehicles, either permanently or temporarily. <br />
=== Pay Lot ===<br />
:Any parking lot or area where payment for parking is required based on the length of time the vehicle is parked. Pay lots may be operated by automated pay machines, meters or by attendants who collect the parking fees. <br />
=== Sidewalk ===<br />
:Any area designated for or marked by proper authorities for the exclusive use of pedestrians. <br />
=== Staff Member === <br />
:Any non-faculty employee paid by the state and employed at the University on a full or part-time basis. <br />
=== Stop === <br />
:When required, means complete cessation of movement of a vehicle. <br />
=== Street === <br />
:Any way or place designated or marked by proper authorities for vehicular travel. <br />
=== Student === <br />
:Any person registered with the University as a full-time, part-time, graduate or other special student. This does not include employees of the University who are in a full-time permanent position and subject to SHRA or EHRA guidelines.<br />
<br />
=== Towing === <br />
:The removal of a vehicle from the campus by a contracted towing firm at the vehicle operator’s expense. <br />
=== University === <br />
:Unless otherwise provided, the word “University” throughout these regulations shall be interpreted to mean Appalachian State University at Boone. <br />
=== Vehicle === <br />
:Any device in, upon, or by which any person or property is or may be transported or drawn upon the campus, excepting devices moved by human power; the term motorcycle, motor bike, or motor scooter in these regulations applies to any two-wheeled or three-wheeled motor propelled vehicle. <br />
=== Visitor === <br />
:Any person on the campus who is not classified as faculty, staff or student.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
<br />
==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
<br />
==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
<br />
==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
<br />
==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
<br />
==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
<br />
==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
<br />
=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
<br />
Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
<br />
==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
<br />
4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
<br />
==== Eligibility for Permits ====<br />
<br />
#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
<br />
4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
<br />
4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
<br />
4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
<br />
4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
<br />
4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
<br />
4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
<br />
4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
<br />
4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
<br />
4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
<br />
4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
<br />
4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
<br />
#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
<br />
4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
<br />
==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
<br />
==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12425Rules and Regulations2022-09-13T16:55:28Z<p>Blockermg: /* Chancellor */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Crosswalk ===<br />
:That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. <br />
=== Director of Parking and Traffic === <br />
:The person designated by the Vice Chancellor for Business Affairs to be responsible for enforcing the provisions of these regulations. <br />
=== Dormant Storage ===<br />
:The parking of a non-operative motor vehicle for a period longer than seven days. State owned vehicles and privately owned motor vehicles displaying a current parking permit and parked in an area authorized by the displayed permit shall not be classified as dormant unless there is evidence that the vehicle is inoperative. Failure to display a current authorized state license plate classifies a vehicle as inoperative. Inoperative vehicles may be removed from the campus after seven days at the owner’s expense. <br />
=== Faculty Member ===<br />
:Employees with faculty or equivalent professional status. (Graduate Assistants are not included). <br />
=== Immobilization (Booting)=== <br />
:The placing of a mechanical wheel lock (boot) on a vehicle to prevent movement of the vehicle. <br />
=== Intersection ===<br />
:The area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of two or more highways, streets or roadways, which join one another at any angle whether or not one such highway, street or roadway crosses the other. <br />
=== Legal Parking Space ===<br />
:An area that has been clearly designated by pavement markings as a parking space. <br />
=== No Parking Area === <br />
:Any area not clearly designated by pavement markings as a parking space shall be considered a no parking area. <br />
=== Park ===<br />
:The standing of a vehicle whether occupied or not. <br />
=== Parking Area ===<br />
:Any place or area set aside, marked or intended for the parking of vehicles, either permanently or temporarily. <br />
=== Pay Lot ===<br />
:Any parking lot or area where payment for parking is required based on the length of time the vehicle is parked. Pay lots may be operated by automated pay machines, meters or by attendants who collect the parking fees. <br />
=== Sidewalk ===<br />
:Any area designated for or marked by proper authorities for the exclusive use of pedestrians. <br />
=== Staff Member === <br />
:Any non-faculty employee paid by the state and employed at the University on a full or part-time basis. <br />
=== Stop === <br />
:When required, means complete cessation of movement of a vehicle. <br />
=== Street === <br />
:Any way or place designated or marked by proper authorities for vehicular travel. <br />
=== Student === <br />
:Any person registered with the University as a full-time, part-time, graduate or other special student. This does not include employees of the University who are in a full-time permanent position and subject to SHRA or EHRA guidelines.<br />
<br />
=== Towing === <br />
:The removal of a vehicle from the campus by a contracted towing firm at the vehicle operator’s expense. <br />
=== University === <br />
:Unless otherwise provided, the word “University” throughout these regulations shall be interpreted to mean Appalachian State University at Boone. <br />
=== Vehicle === <br />
:Any device in, upon, or by which any person or property is or may be transported or drawn upon the campus, excepting devices moved by human power; the term motorcycle, motor bike, or motor scooter in these regulations applies to any two-wheeled or three-wheeled motor propelled vehicle. <br />
=== Visitor === <br />
:Any person on the campus who is not classified as faculty, staff or student.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
<br />
==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
<br />
==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
<br />
==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
<br />
==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
<br />
==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
<br />
==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
<br />
=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
<br />
Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
<br />
==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
<br />
4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
<br />
==== Eligibility for Permits ====<br />
<br />
#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
<br />
4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
<br />
4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
<br />
4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
<br />
4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
<br />
4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
<br />
4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
<br />
4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
<br />
4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
<br />
4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
<br />
4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
<br />
4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
<br />
#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
<br />
4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
<br />
==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
<br />
==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12424Rules and Regulations2022-09-13T16:55:19Z<p>Blockermg: /* Academic Year */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Chancellor ===<br />
:Chief Administrative Officer of Appalachian State University. <br />
=== Crosswalk ===<br />
:That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. <br />
=== Director of Parking and Traffic === <br />
:The person designated by the Vice Chancellor for Business Affairs to be responsible for enforcing the provisions of these regulations. <br />
=== Dormant Storage ===<br />
:The parking of a non-operative motor vehicle for a period longer than seven days. State owned vehicles and privately owned motor vehicles displaying a current parking permit and parked in an area authorized by the displayed permit shall not be classified as dormant unless there is evidence that the vehicle is inoperative. Failure to display a current authorized state license plate classifies a vehicle as inoperative. Inoperative vehicles may be removed from the campus after seven days at the owner’s expense. <br />
=== Faculty Member ===<br />
:Employees with faculty or equivalent professional status. (Graduate Assistants are not included). <br />
=== Immobilization (Booting)=== <br />
:The placing of a mechanical wheel lock (boot) on a vehicle to prevent movement of the vehicle. <br />
=== Intersection ===<br />
:The area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of two or more highways, streets or roadways, which join one another at any angle whether or not one such highway, street or roadway crosses the other. <br />
=== Legal Parking Space ===<br />
:An area that has been clearly designated by pavement markings as a parking space. <br />
=== No Parking Area === <br />
:Any area not clearly designated by pavement markings as a parking space shall be considered a no parking area. <br />
=== Park ===<br />
:The standing of a vehicle whether occupied or not. <br />
=== Parking Area ===<br />
:Any place or area set aside, marked or intended for the parking of vehicles, either permanently or temporarily. <br />
=== Pay Lot ===<br />
:Any parking lot or area where payment for parking is required based on the length of time the vehicle is parked. Pay lots may be operated by automated pay machines, meters or by attendants who collect the parking fees. <br />
=== Sidewalk ===<br />
:Any area designated for or marked by proper authorities for the exclusive use of pedestrians. <br />
=== Staff Member === <br />
:Any non-faculty employee paid by the state and employed at the University on a full or part-time basis. <br />
=== Stop === <br />
:When required, means complete cessation of movement of a vehicle. <br />
=== Street === <br />
:Any way or place designated or marked by proper authorities for vehicular travel. <br />
=== Student === <br />
:Any person registered with the University as a full-time, part-time, graduate or other special student. This does not include employees of the University who are in a full-time permanent position and subject to SHRA or EHRA guidelines.<br />
<br />
=== Towing === <br />
:The removal of a vehicle from the campus by a contracted towing firm at the vehicle operator’s expense. <br />
=== University === <br />
:Unless otherwise provided, the word “University” throughout these regulations shall be interpreted to mean Appalachian State University at Boone. <br />
=== Vehicle === <br />
:Any device in, upon, or by which any person or property is or may be transported or drawn upon the campus, excepting devices moved by human power; the term motorcycle, motor bike, or motor scooter in these regulations applies to any two-wheeled or three-wheeled motor propelled vehicle. <br />
=== Visitor === <br />
:Any person on the campus who is not classified as faculty, staff or student.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
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==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
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==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
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==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
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==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
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==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
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==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
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==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
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=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
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Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
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==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
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4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
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==== Eligibility for Permits ====<br />
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#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
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4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
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4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
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4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
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4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
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4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
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4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
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4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
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4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
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4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
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4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
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4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
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4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
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4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
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#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
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4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
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==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
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==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
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=== Vehicle Registration Fees ===<br />
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==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
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=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
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=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
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4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
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4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
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4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
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4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
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=== Disability Parking === <br />
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4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
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4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
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4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
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4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
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4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
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#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
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4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
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=== Display === <br />
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#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
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=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
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==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
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==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
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==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
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4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
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==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
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==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
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=== Regulations Governing the Operation of Motor Vehicles === <br />
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4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
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4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
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4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
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4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
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=== Parking For Special University Events ===<br />
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==== Home Football Games ==== <br />
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4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
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==== Other Events ==== <br />
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4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
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=== Motorcycle Parking ===<br />
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4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
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4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
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=== Non-Motorized Vehicles ===<br />
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4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
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4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
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=== Parking Violations and Civil Penalties ===<br />
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==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
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==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Rules_and_Regulations&diff=12423Rules and Regulations2022-09-13T16:47:43Z<p>Blockermg: /* Introduction */</p>
<hr />
<div>Policy 304.1<br />
== Introduction ==<br />
1.1 The Parking and Traffic Department is responsible for providing parking services and traffic control for all faculty, staff, students, and visitors to the campus.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all faculty, staff, students as well as visitors to the Appalachian State University Campus.<br />
<br />
== Definitions ==<br />
=== Academic Year ===<br />
:From the beginning of one fall semester to the beginning of the next fall semester. <br />
=== Campus ===<br />
:All properties belonging to Appalachian State University, including New River Light and Power, the Child Development Center, the holdings of the permanent Endowment Fund and all properties leased or controlled by the University. <br />
=== Chancellor ===<br />
:Chief Administrative Officer of Appalachian State University. <br />
=== Crosswalk ===<br />
:That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. <br />
=== Director of Parking and Traffic === <br />
:The person designated by the Vice Chancellor for Business Affairs to be responsible for enforcing the provisions of these regulations. <br />
=== Dormant Storage ===<br />
:The parking of a non-operative motor vehicle for a period longer than seven days. State owned vehicles and privately owned motor vehicles displaying a current parking permit and parked in an area authorized by the displayed permit shall not be classified as dormant unless there is evidence that the vehicle is inoperative. Failure to display a current authorized state license plate classifies a vehicle as inoperative. Inoperative vehicles may be removed from the campus after seven days at the owner’s expense. <br />
=== Faculty Member ===<br />
:Employees with faculty or equivalent professional status. (Graduate Assistants are not included). <br />
=== Immobilization (Booting)=== <br />
:The placing of a mechanical wheel lock (boot) on a vehicle to prevent movement of the vehicle. <br />
=== Intersection ===<br />
:The area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of two or more highways, streets or roadways, which join one another at any angle whether or not one such highway, street or roadway crosses the other. <br />
=== Legal Parking Space ===<br />
:An area that has been clearly designated by pavement markings as a parking space. <br />
=== No Parking Area === <br />
:Any area not clearly designated by pavement markings as a parking space shall be considered a no parking area. <br />
=== Park ===<br />
:The standing of a vehicle whether occupied or not. <br />
=== Parking Area ===<br />
:Any place or area set aside, marked or intended for the parking of vehicles, either permanently or temporarily. <br />
=== Pay Lot ===<br />
:Any parking lot or area where payment for parking is required based on the length of time the vehicle is parked. Pay lots may be operated by automated pay machines, meters or by attendants who collect the parking fees. <br />
=== Sidewalk ===<br />
:Any area designated for or marked by proper authorities for the exclusive use of pedestrians. <br />
=== Staff Member === <br />
:Any non-faculty employee paid by the state and employed at the University on a full or part-time basis. <br />
=== Stop === <br />
:When required, means complete cessation of movement of a vehicle. <br />
=== Street === <br />
:Any way or place designated or marked by proper authorities for vehicular travel. <br />
=== Student === <br />
:Any person registered with the University as a full-time, part-time, graduate or other special student. This does not include employees of the University who are in a full-time permanent position and subject to SHRA or EHRA guidelines.<br />
<br />
=== Towing === <br />
:The removal of a vehicle from the campus by a contracted towing firm at the vehicle operator’s expense. <br />
=== University === <br />
:Unless otherwise provided, the word “University” throughout these regulations shall be interpreted to mean Appalachian State University at Boone. <br />
=== Vehicle === <br />
:Any device in, upon, or by which any person or property is or may be transported or drawn upon the campus, excepting devices moved by human power; the term motorcycle, motor bike, or motor scooter in these regulations applies to any two-wheeled or three-wheeled motor propelled vehicle. <br />
=== Visitor === <br />
:Any person on the campus who is not classified as faculty, staff or student.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
=== General Regulations ===<br />
<br />
These regulations are in effect 24 hours a day, except as herein provided. Any revisions will be announced in official University publications. <br />
<br />
==== Authority ====<br />
4.1.1.1 The Chancellor shall delegate to the Vice Chancellor for Business Affairs the responsibility for administering the provisions of these regulations. The Vice Chancellor for Business Affairs shall designate the Director of Parking and Traffic to be responsible for enforcing the provisions of these regulations.<br />
<br />
==== Liability ==== <br />
4.1.2.1 Appalachian State University assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on all University-owned, leased or controlled property.<br />
<br />
==== Pedestrian Regulations ==== <br />
4.1.3.1 Pedestrians have the right of way in crosswalks and on sidewalks at all times. Pedestrians should only cross streets at designated crosswalks.<br />
<br />
==== Property Damage ==== <br />
4.1.4.1 No person shall deface, injure or remove any signs or other equipment used for the purpose of parking and traffic control. Violators can face criminal charges as well as being referred to the Office of Student Conduct.<br />
<br />
==== Snow Emergency ==== <br />
4.1.5.1 In order to provide for public safety the University Parking and Traffic Department shall have the authority during times of severe winter weather conditions to relocate a legally or illegally parked vehicle from one street or parking area to another in order to assist in snow removal.<br />
<br />
==== Vehicle Covers ==== <br />
4.1.6.1 No person shall utilize any type of vehicle cover or sun shield which prevents full visibility of a properly displayed parking permit. It is the vehicle operator’s responsibility to make any necessary alterations to the device to allow for the parking permit to be viewed from outside the vehicle.<br />
<br />
==== Violation of Regulations ==== <br />
4.1.7.1 In addition to the criminal penalties set by North Carolina General Statutes, any person violating these regulations is subject to a civil penalty as set forth in this document. When a vehicle is found to be in violation of these regulations, it will be considered prima facie evidence that the vehicle was parked: (1) by the person holding a University parking permit for that vehicle; (2) by the person registered with the University for a parking permit displayed on that vehicle or (3) by the person on file as the vehicle’s owner with the North Carolina Division of Motor Vehicles or corresponding agencies of another state or nation.<br />
<br />
=== Vehicle Registration === <br />
Individuals who park a motor vehicle between the hours of 7:00am and 5:00pm, Monday through Friday on University controlled property, for any period, however short, must immediately register their vehicle(s) with the University Parking and Traffic Department. Parking permits are not required from 5:00pm until 7:00am, Monday through Friday, and at all times on Saturday and Sunday, unless otherwise posted. <br />
<br />
Several types of permits are available, dependent upon the category of the registrant. The University Parking and Traffic Department will provide the appropriate parking permit at the time of registration. Only one permit will be issued per faculty member, staff member or student, therefore persons wishing to register and operate multiple vehicles will be issued a hang tag permit that can easily be transferred between vehicles. A parking permit serves as permission to park and does NOT guarantee a parking space. <br />
<br />
==== Permit Types ==== <br />
#Hang Tag Parking Permits: Hang from rearview mirror, adhere to lower corner of front windshield on driver's side, or adhere to dashboard directly above steering wheel, with numbers facing outward. Entire permit number must be visible from outside of the vehicle.<br />
#Guest Parking Vouchers: Hang from rearview mirror or display on vehicle dashboard directly above steering wheel with writing facing outward. Entire permit must be visible from outside of the vehicle. <br />
<br />
4.2.1.1 NOTE: In all cases, parking permits remain the property of the Appalachian State University Parking and Traffic Department and may not be resold or transferred to any person other than the original registrant. Display of a permit on any vehicle not registered to the permit is a violation of University policy.<br />
<br />
==== Eligibility for Permits ====<br />
<br />
#Faculty/Staff Parking Permits: Persons eligible for this permit shall be faculty members and all permanent or temporary non-student employees. Categories are as follows.<br />
#Parking Deck Permit: Allows parking in the assigned deck, as well as all surface lots on campus.<br />
#General Permit: Allows parking in all surface lots on the campus.<br />
#Adjunct Faculty/Part-Time Staff: Persons eligible for this permit must be classified as adjunct faculty members, teaching 6 or fewer hours, or a part-time staff member working 20 or fewer hours per week. No one eligible for this reduced rate permit may be enrolled as a student. Documentation verifying this employment status must be provided by the faculty or staff member’s department prior to obtaining a parking permit. This permit allows parking in all surface lots on the campus.<br />
#Student Parking Permits: All students registered for classes are eligible to apply for these permits. Assignments will be based on student classification and availability of space. These permits allow parking at all times in area(s) indicated on the permit, except during home football games. <br />
#Evening Parking Permit: All students are eligible for this permit which allows parking on the campus after 2:00 p.m. in all student lots (Stadium, Hill Street, Greenwood, and State Farm).<br />
#Reserved Space Permit: These permits are allocated only to persons with very extenuating circumstances. Requests for these permits require the approval of the Vice Chancellor for Business Affairs.<br />
#Appalachian Heights/Appalachian Pan-Hellenic Hall/Mountaineer Hall: Persons eligible for these permits must be a resident of the complex. <br />
#Disability Parking Permits: See Article IV<br />
#Graduate Assistant Permits: Persons eligible for this permit must have a signed contract with the University. Parking lot assignment will be made at the time the permit is purchased.<br />
#Vendor Permits: Persons eligible for this permit are not employed by the University, but yet are performing work on the campus. Any vendor requiring a parking space on campus must purchase and display a valid University parking permit. <br />
#Retired Permits: All Appalachian State University retirees are eligible to apply for a complimentary campus parking permit. Verification of retirement status is required before a permit may be issued. However, employees who return to work are subject to the appropriate parking fees. <br />
#Temporary Permits: These permits are to cover emergency situations subject to the approval of the Director of the Parking and Traffic Department. <br />
#Special Permits: Certain cases may merit special parking consideration. In such cases, application shall be made by the individual at the Parking and traffic Department. No consideration will be given to situations involving off campus employment. <br />
#Motorcycle Permits: See Article VIII <br />
#Visitor Permits: Pay by the hour parking is available for visitors in the Rivers Street Parking Deck. In certain situations, visitors may be issued temporary permits for other areas of campus at a charge of $5.00 per day. Campus departments are eligible to purchase visitor parking permits for their guests at a reduced rate. <br />
#Loading Permits: Students may obtain a short term permit to allow the use of a legal parking space for loading their vehicle. <br />
<br />
4.2.2.1 NOTE: Parents picking up/dropping off a student may obtain a complimentary 30 minute loading permit from the Parking and Traffic Department.<br />
<br />
4.2.2.2 Students registering for fall semester parking permits must do so online via their AppalNET account. Check www.parking.appstate.edu for more information. Registration at all other times of the year must be done in person at the Parking and Traffic Department.<br />
<br />
4.2.2.3 Faculty and staff new to the University should make application for parking privileges at the University Parking and Traffic Department. Existing employees may renew their parking registration online in August, or by visiting the Parking and Traffic Department in person. Check www.parking.appstate.edu for more information.<br />
<br />
4.2.2.4 Parking permits must be affixed in accordance with the directions accompanying them. Parking permits allow parking only in assigned areas or the areas designated on them and only in legally marked parking spaces. It does not permit parking in “No Parking Zones” or other illegal parking areas. <br />
<br />
4.2.2.5 If at any time, the parking permit is defaced, lost, stolen or removed, it becomes the responsibility of the registrant to replace it immediately. Replacement permits may be obtained from the University Parking and Traffic Department for a fee of $5.00. <br />
<br />
4.2.2.6 A faculty member, staff member or student may not register a vehicle that is owned or used by another faculty member, staff member or student. Violation of this rule is false registration and constitutes a civil penalty of $200.00, as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.7 A faculty member, staff member or student displaying a counterfeit or altered campus parking permit or a campus parking permit issued to another vehicle registrant will pay a civil penalty of $200.00. If the parking permit is listed as stolen, the situation may be referred to the University Police Department. <br />
<br />
4.2.2.8 Registration of a vehicle at the University requires accurate information. Giving of false information constitutes false registration and will result in a civil penalty of $200.00 as well as loss of campus parking privileges. Violator(s) will be required to surrender the parking permit to the University Parking and Traffic Department with no refund. <br />
<br />
4.2.2.9 All parking permits shall be valid from the date of issuance and shall expire on August 15 of the academic year issued, unless otherwise noted on the permit. Persons assigned to park in off campus storage lots will be reassigned at the end of spring semester if summer parking is needed. <br />
<br />
4.2.2.10 Faculty members, staff members, students and visitors are allowed to park in timed spaces for the amount of time designated by posted signs without displaying a campus parking permit. However, parking in excess of the posted time limit shall be considered a violation, with the appropriate civil penalty applying. There is no limit to the number of citations received while parked overtime in a timed zone or space. <br />
<br />
4.2.2.11 If two (2) or more members of a family are employed or enrolled as students and use multiple parking spaces, each automobile must display a valid parking permit. <br />
<br />
4.2.2.12 The State of North Carolina requires that all students requesting parking privileges on the campus must certify that their vehicle(s) are insured at or higher than the levels mandated in North Carolina General Statute 20-279.1(11). Prior to a parking permit being issued, the applicant must provide the insurance company name, policy number and certify that the coverage meets the minimum standards indicated below: <br />
<br />
4.2.2.13 The levels set by G.S./20-279.1 (11) state it is the proof of ability to respond in damages for liability in the amount of: <br />
<br />
#$30,000 because of bodily injury to or death on one person in any one accident and subject to said limit for one person. <br />
#$60,000 because of bodily injury to or death of two or more persons in any one accident. <br />
#$25,000 because of injury to or destruction of property of others in any one accident. <br />
<br />
4.2.2.14 NOTE: This requirement applies to motor vehicles registered in other states, as well as those registered in the State of North Carolina.<br />
<br />
==== Pay Lot Parking ==== <br />
#Anyone may park in the Rivers Street Parking Deck, subject to space available, and pay the appropriate fee upon exit. <br />
#Fees are $2.00 for the first hour or part, $1.00 for each additional hour or part, with a daily maximum per vehicle of $5.00.<br />
#All hourly pay lot customers are required to exit the facility no later than the posted closing time. Failure to do so will be considered a parking violation.<br />
<br />
==== Overnight Parking Restrictions ==== <br />
Overnight parking is prohibited in campus parking decks without display of a valid annual parking permit for the facility.<br />
<br />
=== Vehicle Registration Fees ===<br />
<br />
==== Fees ==== <br />
#Faculty/Staff Permits<br />
##Reserved Space: $504.00 (Allocated based on special circumstances by the Vice Chancellor for Business Affairs.)<br />
##Reserved Space for Disability: $360.00 (Allocated based on special circumstances by the Chancellor for Business Affairs.)<br />
##Parking Decks: $360.00 <br />
##Surface Lots: $204.00<br />
##Adjunct Faculty/Part-Time Staff: $102.00/year, $43.00/semester <br />
#Student Permits<br />
##Parking Decks: $504.00<br />
##Evening: $102.00 (Allows parking AFTER 2:00 pm in student lots: Stadium, Hill Street, Greenwood, and State Farm.)<br />
#Vendor Permits: Annual: $204.00<br />
#Short Term Temporary Permits: Parking permits may be sold to certain short-term employees at a rate of $1.00 per day or $5.00 per week.<br />
<br />
=== Payment === <br />
#Permanent Full-time Faculty/Staff – Parking fees will be payroll deducted on a monthly basis.<br />
#Temporary and part-time employees – Payment must be made in full by cash or check at the time permit is purchased.<br />
#Students – Parking fees will be charged to student’s university account.<br />
<br />
=== Refunds ===<br />
4.5.1 Refunds of vehicle registration fees will be prorated on a monthly basis less a $5.00 service charge. The parking permit must be returned at the time of the refund request. <br />
<br />
4.5.2 NO REFUND REQUESTS WILL BE ACCEPTED AFTER MARCH 31, 2012. <br />
<br />
4.5.3 Parking permits purchased after the beginning the fall semester will be sold a pro rata basis dependent upon the amount of time the permit will be valid. <br />
<br />
4.5.4 Lost or stolen permits may be replaced for $5.00. The person the permit is registered to must fill out a lost/stolen permit report in person at the Parking and Traffic Department. <br />
<br />
4.5.5 All permits are valid from the purchase date until August 15, 2012 unless otherwise indicated.<br />
<br />
=== Disability Parking === <br />
<br />
4.6.1 All faculty, staff and students, including those with disabilities, must obtain and properly display an Appalachian State University parking permit appropriate to their category. In addition, parking for persons with disabilities is governed by North Carolina General Statutes, 20-37.5, 20-37.6, and 20-37.6A. <br />
<br />
4.6.2 N.C.G.S. 20-37.6(a) provides that: “Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.” <br />
<br />
4.6.3 Pursuant to N.C.G.S. 20-37.6A, any vehicle displaying “an out-of-state handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.” <br />
<br />
4.6.4 Because wheelchair-accessible parking spaces are limited, individuals with properly displayed distinguishing license plates or placards who do not require a wheelchair-accessible space are encouraged to use other available spaces, if possible, as a courtesy to those who do use wheelchairs. <br />
<br />
4.6.5 Individuals with disabilities who wish to avail themselves of parking permitted under N.C.G.S. 20-37.6(a) must obtain from the North Carolina Division of Motor Vehicles(“DMV”) and properly display a “distinguishing license plate” or “a removable windshield placard or a temporary removable windshield placard” pursuant to N.C.G.S. 20-37.6(b) and (c). Applications for these license plates and windshield placards may be obtained from the University Parking and Traffic Department or the nearest office of the DMV. Pursuant to N.C.G.S. 20-37.6(cl), the initial application to the DMV must be “accompanied by a certification of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind that the applicant is handicapped.”. N.C.G.S. 20-37.6(e) makes it unlawful: <br />
<br />
#To park or leave standing any vehicle in a space designated with a sign [designating parking] for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, or temporary removable windshield placard as provided in this section, or a disabled veteran registration plate.<br />
#For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section; <br />
#To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14. <br />
<br />
4.6.6 Violations of these provisions are punishable with penalties of “at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00),” and a law enforcement officer “may cause a vehicle parked in violation of this section to be towed.” N.C.G.S. 20-37.6(f)(1) and (3).<br />
<br />
=== Display === <br />
<br />
#Disability Placard issued by DMV should be displayed by hanging from rearview mirror. <br />
#A University parking permit should be affixed to the lower corner of the inside front windshield on the passenger side with numbers facing outward.<br />
<br />
=== Regulations Governing Parking === <br />
==== General ====<br />
4.8.1.1 The control of parking on the campus is necessary to provide for public safety and to permit the proper conduct of University business. These regulations specifically stipulate where parking is authorized, and all other areas shall be deemed to be unauthorized, and therefore illegal. Inability to locate a legal parking space near where one works, resides or attends class is not a valid excuse for violating parking regulations.<br />
<br />
==== Regulations ====<br />
#No person shall park a vehicle at any time on the campus in an area not specifically designated by pavement markings as a parking space.<br />
#Display of a valid parking permit is required from 7:00 am-5:00 pm Monday through Friday, unless otherwise posted. Parking permits are not required from 5:00 pm-7:00 am Monday through Friday and at all times Saturday and Sunday, unless otherwise posted.<br />
#Vehicles must park in the area appropriate for the displayed permit.<br />
#No person shall stop, stand or park a vehicle upon a street or roadway in such a manner as to block the movement of vehicular traffic, except that a driver may stop temporarily to load or unload passengers, or when directed to stop by traffic signs or signals, or at the instruction of a police officer or parking control officer. <br />
#Each person operating and parking a vehicle on the campus shall be responsible for doing so in accordance with the established parking and traffic regulations.<br />
#Where “No Parking” signs are placed, erected or installed in conspicuous places, giving notice thereof, or the curbing or streets have been painted (yellow markings) in such a manner as to give notice thereof in lieu of signs no person shall park a vehicle.<br />
#No parking is permitted in the bicycle lane on Rivers Street except on special occasions as deemed necessary by the administration. Such events include, but are not limited to, football games, basketball games, concerts and graduations. AT ALL OTHER TIMES IT IS CONSIDERED A NO PARKING ZONE, AND WILL BE ENFORCED AS SUCH. <br />
#When signs are placed, erected or installed in a time zone giving notice thereof, or the curbing or street has been painted in such a manner as to give notice thereof of the time zone in lieu of signs, no person shall park vehicle for a period of time longer than that indicated by the sign or painting. <br />
#Spaces posted as reserved for a particular person, department or vehicle are reserved 24 hours per day, seven (7) days per week. <br />
#No person shall park in an area of the campus specifically reserved for special events and so designated by the erection of appropriate signs, or supervised by the traffic enforcement personnel. <br />
#All persons visiting a faculty member, staff member or student must obtain a parking permit when on the University campus. <br />
#Whenever a particular angle or manner of parking is indicated in a parking area by signs, fences, barriers or markings, no person shall park a vehicle except in the manner so indicated, and no vehicle shall be parked in such a manner as to occupy more than the space indicated with lines, signs, or markings for a vehicle. <br />
#No person, firm or corporation shall park a vehicle upon any street, roadway, alley, parking lot or driveway for the principle purpose of: <br />
##Washing, greasing or repairing such vehicles, except such repairs necessitated by an emergency. <br />
##Storage which is not incidental to the bona fide use and operation of such vehicle. <br />
##Maintaining an abode or sleeping quarters, whether temporary or otherwise. <br />
#The administration shall have the authority to cause closing of any street, roadway, parking lot, alley or driveway or any portion thereof on the campus when it shall appear necessary or appropriate to facilitate construction or maintenance work, for the protection of pedestrians or for special events. When such closing has been caused and when proper signs, barriers or obstructions have been erected to give notice thereof, no person shall willfully drive into or upon such street, roadway, alley and driveway, or portion thereof, or break down, remove, injure or destroy any such sign, barrier or obstruction.<br />
<br />
==== Towing ==== <br />
4.8.3.1 Parking Control Officers and University Police Officers shall have the authority to remove to a place of storage at the owner’s expense any vehicle parked in such a manner as listed below:<br />
#Any vehicle illegally stopped or parked in such a manner as to be blocking the normal movement of a properly parked car. <br />
#Any vehicle obstructing the flow of traffic or that is a safety hazard endangering life and property. <br />
#Any vehicle parked in an area reserved for a special event as designated by signs or traffic enforcement personnel. <br />
#Any vehicle that meets the criteria for dormant storage. <br />
#Any vehicle whose operation and parking privileges have been suspended. <br />
#Any vehicle parked on sidewalks or walkways. <br />
#Any vehicle parked within an intersection or crosswalk or in front of a public driveway. <br />
#Any vehicle parked on the grass or landscaped areas. <br />
#Any vehicle parked in the approaches or other portions of a parking area, which are not clearly marked for parking. <br />
#Any vehicle blocking fire hydrants, trash receptacles, fire lanes and service entrances. <br />
#Any unauthorized vehicle parked in “Reserved” and “Disability” parking spaces.<br />
#Any vehicle that has had an immobilization device placed on it and remains unclaimed as of 11:00pm on the date of the immobilization. <br />
#Any vehicle parked in the bicycle lanes on Rivers Street from the intersection of Depot Street and Rivers Street, running along Rivers Street to the intersection of Rivers Street and US 321. <br />
#Any vehicle parked in reserved spaces, areas, or lots without authorization.<br />
#Any vehicle parked in violation of the posted restrictions for that area. <br />
#Any vehicle parked in bus stop zones.<br />
<br />
==== TOWING FEE ====<br />
4.8.4.1 All towing is done by private companies at the request of the Parking and Traffic Department. All fees associated with the towing and storage of a vehicle is the responsibility of the vehicle operator or owner. In the event that the operator of the vehicle to be towed arrives at the tow scene prior or subsequent to the tow truck, but prior to actual towing, such operator may be required to pay a service fee to the tow truck driver. <br />
<br />
4.8.4.2 The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within 72 hours of his/her receiving the request. The owner, the person who requested the hearing, if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of this vehicle by:<br />
#Paying the towing fee, or <br />
#Posting a bond for double the amount of the towing fee.<br />
<br />
==== Immobilization ==== <br />
4.8.5.1 When feasible, the University Parking and Traffic Department may immobilize vehicles in lieu of towing. The vehicle operator will be required to report to the University Parking and Traffic Department to obtain the release of the vehicle. Failure to report to the University Parking and Traffic Department prior to 11:00pm on the date of immobilization may result in the vehicle being towed off campus at the owner’s expense. <br />
#Note: The penalty for unauthorized removal of the immobilization device (boot) shall be equal to the cost of repair or replacement of the device.<br />
<br />
==== Responsibility ==== <br />
4.8.6.1 All persons registered for parking on the campus are responsible for all violations issued to the vehicles they have registered. Citations issued to unregistered vehicles will be billed to the faculty member, staff member, or student identified as being associated with the vehicle owner. Citations issued to unregistered vehicles operated by persons not associated in any way with the University shall be the responsibility of the vehicle owner.<br />
<br />
=== Regulations Governing the Operation of Motor Vehicles === <br />
<br />
4.9.1 All provisions of North Carolina Motor Vehicle Law (N.C. General Statues, Chapter 20) shall apply to the campus. <br />
<br />
4.9.2 For the purpose of determining the speed limit on the University campus, it shall be deemed to be a business district, and the speed limit shall be 20 miles per hour unless otherwise posted. <br />
<br />
4.9.3 No vehicle shall be driven or ridden except upon the streets, roadways, alleys and driveways of the campus and shall not be driven or ridden upon or within any sidewalk area, or walking area, or within any area which is marked by posts, signs, or other markings, as being prohibited to vehicles. This section shall not be deemed to prohibit service vehicles or any utility company vehicles from being driven in any area necessary for them to enter to perform the necessary construction and maintenance work. <br />
<br />
4.9.4 All accidents involving motor vehicles which occur on University property should be immediately reported to the University Police<br />
<br />
=== Parking For Special University Events ===<br />
<br />
==== Home Football Games ==== <br />
<br />
4.10.1.1 Most campus parking areas have specific restrictions on football home game days. The campus community will be notified of these restrictions via electronically mailed information, press releases and signage posted at the parking lot entrances. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
==== Other Events ==== <br />
<br />
4.10.2.1 The Director of Parking and Traffic shall have the authority to restrict access to University streets and parking areas to accommodate the needs of various special events, including but not limited to athletic functions, academic conferences and cultural events. Notice of these temporary restrictions will be prominently posted. The Director of Parking and Traffic is authorized to remove and/or cite for violation of this regulation any vehicle parked in restricted areas.<br />
<br />
=== Motorcycle Parking ===<br />
<br />
4.11.1 Motorcycles may be parked only in areas designated by signage as being for that purpose. No permit is required to utilize these areas. The parking of a motorcycle anywhere on the campus other than these areas shall be considered a parking violation.<br />
<br />
4.11.2 '''Exception''': A faculty/staff member who is registered for a campus automobile parking permit may park a motorcycle in a regular parking space, provided they first register the motorcycle with the Parking and Traffic Department. However, the employee’s motorcycle and automobile may not be parked on campus consuming parking spaces at the same time.<br />
<br />
=== Non-Motorized Vehicles ===<br />
<br />
4.12.1 The University strictly prohibits the use of skateboards, in-line skates or similar devices on the entire campus. Students found in violation of this regulation will be referred to the Office of Student Conduct for disciplinary action under the procedures outlined in the Code of Student Conduct. <br />
<br />
4.12.2 Bicycles, mopeds and similar devices may be operated and parked in designated racks located throughout the campus. However, parking or securing any of these devices in stairwells, hallways, doorways, etc. is considered a safety hazard endangering life and property, and will result in the device being removed and impounded at the owner’s expense. To aid in property identification, these devices may be registered free of charge at the University Police Department.<br />
<br />
=== Parking Violations and Civil Penalties ===<br />
<br />
==== Responsibility ==== <br />
4.13.1.1 Pursuant to North Carolina General Statutes, Section 116-44.4 (g), none of the violations listed below or otherwise described in these regulations shall be infractions. Any person who parks or operates a motor vehicle in violation of these regulations is subject to a written citation from an authorized officer and shall be held responsible for payment of the civil penalty indicated by the violation.<br />
<br />
==== Violations and Civil Penalties ====<br />
{|border="1"<br />
|Unauthorized parking in a disability space<br />
(includes blocking designated accessible isle, path or curb cut) <br />
|$250.00 <br />
|- <br />
|False registration of a vehicle <br />
|$200.00<br />
|-<br />
|Displaying counterfeit/altered parking permit <br />
|$200.00<br />
|- <br />
|Displaying lost/stolen parking permit* <br />
|$200.00<br />
|- <br />
|Parking in a fire lane or blocking hydrant <br />
|$ 50.00<br />
|- <br />
|Unauthorized parking in a reserved space or lot <br />
|$ 50.00 <br />
|-<br />
|Unauthorized parking in an area reserved for a special event<br />
(Article VII) <br />
|$ 50.00<br />
|-<br />
|Unauthorized parking in faculty/staff area <br />
|$ 30.00 <br />
|-<br />
|Parking in an improper area for permit <br />
|$ 30.00<br />
|- <br />
|Parking in a “no parking” area <br />
(any area not specifically marked and designated for parking) <br />
|$ 30.00<br />
|- <br />
|No valid permit displayed <br />
|$ 30.00<br />
|- <br />
|Unauthorized parking in a service area <br />
|$ 30.00<br />
|- <br />
|Unauthorized motorcycle parking <br />
|$ 30.00<br />
|- <br />
|Vehicle not registered to permit <br />
|$ 30.00 <br />
|-<br />
|Overtime in a timed space <br />
|$ 10.00 <br />
|-<br />
|Permit improperly displayed <br />
|$ 5.00 <br />
|-<br />
|Registered vehicle not displaying permit <br />
|$ 5.00<br />
|- <br />
|Failure to exit pay facility by the posted time <br />
|$ 10.00 <br />
|-<br />
|Obstructing the flow of traffic <br />
|$ 30.00 <br />
|-<br />
|Encroachment of two parking spaces <br />
|$ 10.00<br />
|-<br />
|Parking on a sidewalk/pedestrian walkway <br />
|$ 30.00<br />
|-<br />
|Parking on grass/landscape <br />
|$ 30.00<br />
|-<br />
|Warning for circumstances <br />
|$ 15.00<br />
|}<br />
These matters may also be referred to the University Police Department and the Office of Student Conduct.<br />
<br />
==== Payment ====<br />
#Students may pay civil penalties at the Student Accounts office in the John E. Thomas Academic Support Building. Civil penalties not paid or not waived following appeal will be charged to the student’s account. <br />
#Faculty members and staff members will have civil penalties payroll deducted. <br />
#Citations issued to unregistered vehicles will be billed to the faculty member, staff member or student identified as being associated with the vehicle owner. <br />
#Upon receiving ten parking violations in a semester, a person may lose the privilege to park on the campus for the remainder of that semester. Vehicles in violation may be immobilized or towed at the owner’s expense. Persons who lose their parking privileges are not eligible for refunds.<br />
<br />
=== Appeals of Parking Violations ===<br />
<br />
How to Appeal a Parking Citation: Complete an appeal form at the University Parking and Traffic Department within fourteen days from the date of issuance of the citation. Included with the form should be the citation and any documentation that may assist in validating the basis for the appeal. Appeals filed later than the fourteen day limit will not be reviewed. <br />
<br />
==== Appeals Process ==== <br />
<br />
4.14.1.1 The appeal will be read and ruled on by an Appeals Officer designated by the Vice Chancellor for Business Affairs. Subject to rules and regulations adopted by the Board of Trustees of Appalachian State University and the Board of Governors of the University of North Carolina, the Appeals Officer’s ruling shall be considered binding. The appellant will be notified of the decision via campus mail. <br />
<br />
4.14.1.2 Points to consider prior to filing an appeal: <br />
<br />
#Hazard lights and/or notes left on vehicles do not permit parking in unauthorized areas, no matter how short the time period. <br />
#The absence of “NO PARKING” signs/pavement markings does not mean that parking is allowed. Any area not specifically designated by pavement markings as a parking space shall be considered a “no parking area”. <br />
#Inability to find a legally marked parking space does not constitute an excuse for parking illegally. <br />
#Unauthorized parking in disability spaces and/or reserved spaces is strictly prohibited for ANY reason.<br />
#You are responsible for any parking violations pertaining to your vehicle, regardless of whom you allow to operate the vehicle.<br />
#Familiarize yourself with the Parking and Traffic Regulations. Lack of knowledge is not an excuse for committing parking violation.<br />
<br />
=== Resolution ===<br />
<br />
4.15.1 Through the following resolutions, the Board of Trustees of Appalachian State University has adopted the regulations contained herein as official policy of the University.<br />
<br />
4.15.2 '''BE IT RESOLVED''', that pursuant to authority vested in it by North Carolina General Statutes, Chapter 116, Article 1, Part 6, the Board of Trustees of Appalachian State University hereby repeals all prior actions authorizing Regulations Governing Parking, Traffic and the Registration of Motor Vehicles for Appalachian State University at Boone and on June 17, 2011 adopts and records in its proceedings the following Regulations Governing Parking, Traffic and the Registration of Motor Vehicles on the campus of Appalachian State University at Boone in lieu thereof. The regulations are intended only to supplement North Carolina General Statutes, Chapter 20, N.C. Motor Vehicle Laws, all provisions of which, under the terms of the law referenced above now apply to the campus of Appalachian State University at Boone except as provided in North Carolina General Statutes, Chapter 116, Article 1, Part 6. These regulations shall apply to and be in effect on all parts of the campus of Appalachian State University immediately; and be it<br />
<br />
4.15.3 '''FURTHER RESOLVED''', that the Office of Business Affairs shall be responsible for all physical arrangements, including implementation and installation of additional traffic control signs and signals on University property as deemed necessary; and be it<br />
<br />
4.15.4 '''FURTHER RESOLVED''', that copies of these regulations shall be filed in the Office of the President of the University of North Carolina and the Office of the Secretary of State of North Carolina.<br />
<br />
== Additional References ==<br />
:[https://parking.appstate.edu/sites/parking.appstate.edu/files/js/parkingregulations1819.pdf Appalachian State University Parking and Traffic Regulations 2018-2019]<br />
<br />
== Authority ==<br />
:[https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_116.html North Carolina General Statues, Chapter 116, Article 1, Part 6, Traffic and Parking]<br />
<br />
== Contact Information ==<br />
:[https://parking.appstate.edu/ Appalachian State University Parking and Traffic]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
:August 21, 2017<br />
<br />
[[Category:Contents]]<br />
[[Category:Public_Safety]]<br />
[[Category:Parking and Traffic]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Research_Misconduct&diff=12422Research Misconduct2022-08-30T15:41:45Z<p>Blockermg: /* When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pendi...</p>
<hr />
<div>Policy 211<br />
== Introduction ==<br />
1.1 Persons involved in academic research must guard the truth and protect the public trust that research in an academic environment has long held. Activities which interfere with an honest search for the truth cannot be tolerated in a university setting. All effort must be made to maintain an open and honest search for truth through continual commitment by faculty, staff, and students to scrupulous honesty and integrity in research.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University faculty, staff, students, vendors, and visitors who access Institutional Data. This policy is not meant to address the release of Institutional Data under public records laws or other legal requirements, such as in response to subpoenas or court orders.<br />
<br />
== Definitions ==<br />
<br />
3.1 '''Research Misconduct''' - plagiarism, falsification, fabrication of data, or other forms of deliberate misrepresentation. It does not include honest error or honest differences in interpretations or judgments of data.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
All persons involved in research and scholarship must guard the truth, uphold the highest standards in their research and scholarship, and protect the public trust that the academic environment has long held. Whenever any Appalachian faculty member, graduate student, or other research employee is accused of misconduct in scientific or scholarly research, the University will conduct an inquiry, make a determination concerning the truth or falsity of the allegations, and take appropriate corrective and/or disciplinary action. This process will be expeditious and protect the rights of all those concerned, including the complainant and the accused<br />
<br />
=== Initiation of Inquiry ===<br />
<br />
4.1.1 Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of research misconduct since some concerns or allegations may not fall within the scope of policies and procedures developed to address research misconduct. If the VPR determines that the concern is properly addressed through policies and procedures designed to deal with misconduct in research, these procedures should be discussed with the individual questioning the integrity of a research project. If the individual chooses not to make a formal allegation, but the VPR believes there is sufficient cause to warrant the inquiry, the matter should be pursued without a complainant and the VPR should so inform the Provost.<br />
<br />
4.1.2 When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pending charges. Should the subject of the inquiry be faculty or other staff members, the VPR in consultation with the Provost will determine whether an inquiry is warranted.<br />
<br />
=== Inquiry ===<br />
<br />
4.2.1. '''Involvement of Faculty or Other Staff Member'''<br />
<br />
4.2.1.1 If the inquiry involves a faculty or other staff member, the VPR will appoint an ad hoc Inquiry Committee consisting of three tenured faculty members, two from the college in question and one from another college of the university. In selecting the members of the committee, potential conflicts of interest must be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations should be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. <br />
<br />
4.2.1.2 The respondent and complainant will be notified of the charges and process. The inquiry phase must be complete within 30 days or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date. <br />
<br />
4.2.2 '''Confidentiality'''<br />
<br />
4.2.2.1 During the inquiry, confidentiality will be maintained to protect the rights of all parties involved. VPR will assume responsibility for disseminating information relevant to the inquiry to the appropriate individuals. This will be in writing with copies filed in the office of the Provost.<br />
<br />
4.2.3 '''Completion of Inquiry''' <br />
<br />
4.2.3.1 Completion of the inquiry is marked by the determination of whether or not an investigation is warranted. There will be written documentation to summarize the process and state the conclusion of the inquiry. The respondent will be informed whether or not there will be further investigation and, if there is a complainant, he or she will also be informed.<br />
<br />
4.2.4 '''Required Investigation'''<br />
<br />
4.2.4.1 Allegations found to require investigation will be forwarded promptly to the investigative body; if federal funding is involved, federal regulations require that the agency sponsoring the research be notified at this point.<br />
<br />
4.2.5 '''Unsupported Allegations(s)'''<br />
<br />
4.2.5.1 If an allegation is found to be unsupported but has been submitted in good faith, no further formal action, other than informing all involved parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. If confidentiality is breached, the institution will take steps to minimize the damage to reputations that may result from inaccurate reports. Allegations that have not been brought in good faith will lead to disciplinary action.<br />
<br />
4.2.6 '''Protection from Retaliation'''<br />
<br />
4.2.6.1 The institution will seek to protect the complainant against retaliation; individuals engaging in acts of retaliation will be disciplined.<br />
<br />
=== Investigation ===<br />
<br />
==== Purpose ====<br />
<br />
4.3.1.1 An investigation will be initiated when an inquiry concludes that such is warranted. The purpose is to further explore the allegations and determine whether misconduct has been committed and, if so, the degree of its seriousness. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed when significant new directions of investigation are undertaken. The investigation will focus on accusations of research misconduct as defined previously and examined the factual materials of each case.<br />
<br />
==== Structure ====<br />
<br />
4.3.2.1 To carry out the investigation, the VPR will form an Investigative Committee by expanding the Inquiry Committee to include two additional tenured faculty and at least one representative from outside the university. In selecting the members of the committee, conflicts of interest must again be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations will be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. It is also important that the <br />
committee have appropriate expertise to assure a sound knowledge base from which to work.<br />
<br />
==== Process ====<br />
<br />
4.3.3.1. Upon receipt of inquiry findings that an investigation is warranted, VPR will initiate an investigation promptly, and the complainant and respondent will be notified of the investigation. In accordance with federal regulations, all agencies sponsoring a research project in which misconduct is suspected will be notified immediately upon the decision to undertake an investigation. All involved parties will be interviewed and are obligated to cooperate with the proceedings in providing information relating to the case. All necessary information will be provided to the respondent in a timely manner to facilitate the preparation of a response. The respondent will have the opportunity to address the charges and evidence in detail. The respondent is not required to have legal counsel in the investigation, but may seek counsel if he or she so desires.<br />
<br />
4.3.3.2. If the nature of the allegations is such that there may be need to protect the health and safety of research subjects or the interests of students and colleagues, the VPR may take interim administrative action to restrict or suspend the activities of the respondent, but care should be taken to safeguard the rights of the respondent.<br />
<br />
4.3.3.3. Investigations normally will be completed within 60 days of initiation or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date.<br />
<br />
==== Findings ====<br />
<br />
4.3.4.1 The findings of the investigative committee will be submitted in writing to VPR. The respondent will receive the full report of the investigation, as will the Dean of the respondent's college. When there is more than one respondent, each shall receive all those parts of the findings that are pertinent to his or her role. Respondents may comment in writing on the report and their comments will be made part of the record. All federal agencies, sponsors, or other entities initially informed of the investigation also must be notified promptly. Appalachian will retain the findings of the investigation in a confidential and secure file.<br />
<br />
4.3.4.2 Investigations into allegations of research misconduct may result in various outcomes including 1) a finding of clear, serious, and substantial research misconduct; 2) a finding of research misconduct of a minor or questionable nature; 3) a finding that no culpable conduct was committed, but serious scientific errors were made; 4) a finding that no research misconduct or serious scientific error was committed. The judgment as to the degree of severity on the research misconduct will be solely that of the Investigative Committee. <br />
<br />
4.3.4.3 If an investigation has been launched on the basis of a complaint, and no research misconduct is found, no disciplinary measures will be taken against the complainant and every effort will be made to prevent retaliatory action against the complainant if the allegations, however incorrect, are found to have been made in good faith. If the allegations are found to have been maliciously motivated, disciplinary actions will be taken against those responsible.<br />
<br />
==== Disposition ====<br />
<br />
4.3.5.1 The VPR will inform the Chancellor, Provost, and Dean of the respondent’s college of the “Investigative Committee" findings. Should the respondent(s) be found guilty of research misconduct of a clear, serious, and substantial nature, he/she/they may be considered unfit to continue as members of the Appalachian faculty or, in the case of graduate students, of the Graduate School. Respondents who are faculty will be notified by registered mail (receipt requested) by the Chancellor or his delegate. Respondents who are graduate students will be notified in similar manner by the VPR. Relevant federal agencies, sponsors, collaborators, and editors of journals will be promptly notified of the University's findings. <br />
<br />
4.3.5.2 Respondents found guilty of research misconduct of a less clear, serious, or substantial nature may receive sanctions ranging from letters of reprimand from the Provost to probation or permanent removal from the research project involved. Findings of scientific misconduct may also warrant the removal of the-faculty respondent from graduate advisory committees or other research supervisory roles.<br />
<br />
==== Appeal ====<br />
<br />
4.3.6.1 Respondents may appeal the findings of the University. Respondents have a maximum of ten days after receiving notice of the findings to file a written appeal to the VPR. An appeal of the findings may be based on the evidence presented during the investigative hearings or on a failure of the committee to follow established procedures, in keeping with University policy. New evidence discovered may warrant a new investigation. Sanctions resulting from the findings may also be appealed if the respondent(s) has(ve) reason to believe that the disciplinary penalties are excessive or inappropriate. Respondents who are tenured faculty, and who have been notified by the Chancellor or his/her delegate of the University's intent to discharge them, are provided due process under Section 603 of the "Code" of the University of North Carolina.<br />
<br />
== Additional References ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Contact Information ==<br />
<br />
:Vice Provost for Research; 828-262-7459<br />
: [https://research.appstate.edu/ Office of Research]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
<br />
August 29, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Research_Misconduct&diff=12421Research Misconduct2022-08-30T15:41:21Z<p>Blockermg: /* Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of res...</p>
<hr />
<div>Policy 211<br />
== Introduction ==<br />
1.1 Persons involved in academic research must guard the truth and protect the public trust that research in an academic environment has long held. Activities which interfere with an honest search for the truth cannot be tolerated in a university setting. All effort must be made to maintain an open and honest search for truth through continual commitment by faculty, staff, and students to scrupulous honesty and integrity in research.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University faculty, staff, students, vendors, and visitors who access Institutional Data. This policy is not meant to address the release of Institutional Data under public records laws or other legal requirements, such as in response to subpoenas or court orders.<br />
<br />
== Definitions ==<br />
<br />
3.1 '''Research Misconduct''' - plagiarism, falsification, fabrication of data, or other forms of deliberate misrepresentation. It does not include honest error or honest differences in interpretations or judgments of data.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
All persons involved in research and scholarship must guard the truth, uphold the highest standards in their research and scholarship, and protect the public trust that the academic environment has long held. Whenever any Appalachian faculty member, graduate student, or other research employee is accused of misconduct in scientific or scholarly research, the University will conduct an inquiry, make a determination concerning the truth or falsity of the allegations, and take appropriate corrective and/or disciplinary action. This process will be expeditious and protect the rights of all those concerned, including the complainant and the accused<br />
<br />
=== Initiation of Inquiry ===<br />
<br />
4.1.1 Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of research misconduct since some concerns or allegations may not fall within the scope of policies and procedures developed to address research misconduct. If the VPR determines that the concern is properly addressed through policies and procedures designed to deal with misconduct in research, these procedures should be discussed with the individual questioning the integrity of a research project. If the individual chooses not to make a formal allegation, but the VPR believes there is sufficient cause to warrant the inquiry, the matter should be pursued without a complainant and the VPR should so inform the Provost.<br />
<br />
==== When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pending charges. Should the subject of the inquiry be faculty or other staff members, the VPR in consultation with the Provost will determine whether an inquiry is warranted. ====<br />
<br />
=== Inquiry ===<br />
<br />
4.2.1. '''Involvement of Faculty or Other Staff Member'''<br />
<br />
4.2.1.1 If the inquiry involves a faculty or other staff member, the VPR will appoint an ad hoc Inquiry Committee consisting of three tenured faculty members, two from the college in question and one from another college of the university. In selecting the members of the committee, potential conflicts of interest must be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations should be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. <br />
<br />
4.2.1.2 The respondent and complainant will be notified of the charges and process. The inquiry phase must be complete within 30 days or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date. <br />
<br />
4.2.2 '''Confidentiality'''<br />
<br />
4.2.2.1 During the inquiry, confidentiality will be maintained to protect the rights of all parties involved. VPR will assume responsibility for disseminating information relevant to the inquiry to the appropriate individuals. This will be in writing with copies filed in the office of the Provost.<br />
<br />
4.2.3 '''Completion of Inquiry''' <br />
<br />
4.2.3.1 Completion of the inquiry is marked by the determination of whether or not an investigation is warranted. There will be written documentation to summarize the process and state the conclusion of the inquiry. The respondent will be informed whether or not there will be further investigation and, if there is a complainant, he or she will also be informed.<br />
<br />
4.2.4 '''Required Investigation'''<br />
<br />
4.2.4.1 Allegations found to require investigation will be forwarded promptly to the investigative body; if federal funding is involved, federal regulations require that the agency sponsoring the research be notified at this point.<br />
<br />
4.2.5 '''Unsupported Allegations(s)'''<br />
<br />
4.2.5.1 If an allegation is found to be unsupported but has been submitted in good faith, no further formal action, other than informing all involved parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. If confidentiality is breached, the institution will take steps to minimize the damage to reputations that may result from inaccurate reports. Allegations that have not been brought in good faith will lead to disciplinary action.<br />
<br />
4.2.6 '''Protection from Retaliation'''<br />
<br />
4.2.6.1 The institution will seek to protect the complainant against retaliation; individuals engaging in acts of retaliation will be disciplined.<br />
<br />
=== Investigation ===<br />
<br />
==== Purpose ====<br />
<br />
4.3.1.1 An investigation will be initiated when an inquiry concludes that such is warranted. The purpose is to further explore the allegations and determine whether misconduct has been committed and, if so, the degree of its seriousness. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed when significant new directions of investigation are undertaken. The investigation will focus on accusations of research misconduct as defined previously and examined the factual materials of each case.<br />
<br />
==== Structure ====<br />
<br />
4.3.2.1 To carry out the investigation, the VPR will form an Investigative Committee by expanding the Inquiry Committee to include two additional tenured faculty and at least one representative from outside the university. In selecting the members of the committee, conflicts of interest must again be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations will be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. It is also important that the <br />
committee have appropriate expertise to assure a sound knowledge base from which to work.<br />
<br />
==== Process ====<br />
<br />
4.3.3.1. Upon receipt of inquiry findings that an investigation is warranted, VPR will initiate an investigation promptly, and the complainant and respondent will be notified of the investigation. In accordance with federal regulations, all agencies sponsoring a research project in which misconduct is suspected will be notified immediately upon the decision to undertake an investigation. All involved parties will be interviewed and are obligated to cooperate with the proceedings in providing information relating to the case. All necessary information will be provided to the respondent in a timely manner to facilitate the preparation of a response. The respondent will have the opportunity to address the charges and evidence in detail. The respondent is not required to have legal counsel in the investigation, but may seek counsel if he or she so desires.<br />
<br />
4.3.3.2. If the nature of the allegations is such that there may be need to protect the health and safety of research subjects or the interests of students and colleagues, the VPR may take interim administrative action to restrict or suspend the activities of the respondent, but care should be taken to safeguard the rights of the respondent.<br />
<br />
4.3.3.3. Investigations normally will be completed within 60 days of initiation or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date.<br />
<br />
==== Findings ====<br />
<br />
4.3.4.1 The findings of the investigative committee will be submitted in writing to VPR. The respondent will receive the full report of the investigation, as will the Dean of the respondent's college. When there is more than one respondent, each shall receive all those parts of the findings that are pertinent to his or her role. Respondents may comment in writing on the report and their comments will be made part of the record. All federal agencies, sponsors, or other entities initially informed of the investigation also must be notified promptly. Appalachian will retain the findings of the investigation in a confidential and secure file.<br />
<br />
4.3.4.2 Investigations into allegations of research misconduct may result in various outcomes including 1) a finding of clear, serious, and substantial research misconduct; 2) a finding of research misconduct of a minor or questionable nature; 3) a finding that no culpable conduct was committed, but serious scientific errors were made; 4) a finding that no research misconduct or serious scientific error was committed. The judgment as to the degree of severity on the research misconduct will be solely that of the Investigative Committee. <br />
<br />
4.3.4.3 If an investigation has been launched on the basis of a complaint, and no research misconduct is found, no disciplinary measures will be taken against the complainant and every effort will be made to prevent retaliatory action against the complainant if the allegations, however incorrect, are found to have been made in good faith. If the allegations are found to have been maliciously motivated, disciplinary actions will be taken against those responsible.<br />
<br />
==== Disposition ====<br />
<br />
4.3.5.1 The VPR will inform the Chancellor, Provost, and Dean of the respondent’s college of the “Investigative Committee" findings. Should the respondent(s) be found guilty of research misconduct of a clear, serious, and substantial nature, he/she/they may be considered unfit to continue as members of the Appalachian faculty or, in the case of graduate students, of the Graduate School. Respondents who are faculty will be notified by registered mail (receipt requested) by the Chancellor or his delegate. Respondents who are graduate students will be notified in similar manner by the VPR. Relevant federal agencies, sponsors, collaborators, and editors of journals will be promptly notified of the University's findings. <br />
<br />
4.3.5.2 Respondents found guilty of research misconduct of a less clear, serious, or substantial nature may receive sanctions ranging from letters of reprimand from the Provost to probation or permanent removal from the research project involved. Findings of scientific misconduct may also warrant the removal of the-faculty respondent from graduate advisory committees or other research supervisory roles.<br />
<br />
==== Appeal ====<br />
<br />
4.3.6.1 Respondents may appeal the findings of the University. Respondents have a maximum of ten days after receiving notice of the findings to file a written appeal to the VPR. An appeal of the findings may be based on the evidence presented during the investigative hearings or on a failure of the committee to follow established procedures, in keeping with University policy. New evidence discovered may warrant a new investigation. Sanctions resulting from the findings may also be appealed if the respondent(s) has(ve) reason to believe that the disciplinary penalties are excessive or inappropriate. Respondents who are tenured faculty, and who have been notified by the Chancellor or his/her delegate of the University's intent to discharge them, are provided due process under Section 603 of the "Code" of the University of North Carolina.<br />
<br />
== Additional References ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Contact Information ==<br />
<br />
:Vice Provost for Research; 828-262-7459<br />
: [https://research.appstate.edu/ Office of Research]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
<br />
August 29, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Research_Misconduct&diff=12420Research Misconduct2022-08-30T15:39:30Z<p>Blockermg: /* Initiation of Inquiry */</p>
<hr />
<div>Policy 211<br />
== Introduction ==<br />
1.1 Persons involved in academic research must guard the truth and protect the public trust that research in an academic environment has long held. Activities which interfere with an honest search for the truth cannot be tolerated in a university setting. All effort must be made to maintain an open and honest search for truth through continual commitment by faculty, staff, and students to scrupulous honesty and integrity in research.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University faculty, staff, students, vendors, and visitors who access Institutional Data. This policy is not meant to address the release of Institutional Data under public records laws or other legal requirements, such as in response to subpoenas or court orders.<br />
<br />
== Definitions ==<br />
<br />
3.1 '''Research Misconduct''' - plagiarism, falsification, fabrication of data, or other forms of deliberate misrepresentation. It does not include honest error or honest differences in interpretations or judgments of data.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
All persons involved in research and scholarship must guard the truth, uphold the highest standards in their research and scholarship, and protect the public trust that the academic environment has long held. Whenever any Appalachian faculty member, graduate student, or other research employee is accused of misconduct in scientific or scholarly research, the University will conduct an inquiry, make a determination concerning the truth or falsity of the allegations, and take appropriate corrective and/or disciplinary action. This process will be expeditious and protect the rights of all those concerned, including the complainant and the accused<br />
<br />
=== Initiation of Inquiry ===<br />
<br />
==== Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of research misconduct since some concerns or allegations may not fall within the scope of policies and procedures developed to address research misconduct. If the VPR determines that the concern is properly addressed through policies and procedures designed to deal with misconduct in research, these procedures should be discussed with the individual questioning the integrity of a research project. If the individual chooses not to make a formal allegation, but the VPR believes there is sufficient cause to warrant the inquiry, the matter should be pursued without a complainant and the VPR should so inform the Provost. ====<br />
<br />
==== When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pending charges. Should the subject of the inquiry be faculty or other staff members, the VPR in consultation with the Provost will determine whether an inquiry is warranted. ====<br />
<br />
=== Inquiry ===<br />
<br />
4.2.1. '''Involvement of Faculty or Other Staff Member'''<br />
<br />
4.2.1.1 If the inquiry involves a faculty or other staff member, the VPR will appoint an ad hoc Inquiry Committee consisting of three tenured faculty members, two from the college in question and one from another college of the university. In selecting the members of the committee, potential conflicts of interest must be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations should be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. <br />
<br />
4.2.1.2 The respondent and complainant will be notified of the charges and process. The inquiry phase must be complete within 30 days or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date. <br />
<br />
4.2.2 '''Confidentiality'''<br />
<br />
4.2.2.1 During the inquiry, confidentiality will be maintained to protect the rights of all parties involved. VPR will assume responsibility for disseminating information relevant to the inquiry to the appropriate individuals. This will be in writing with copies filed in the office of the Provost.<br />
<br />
4.2.3 '''Completion of Inquiry''' <br />
<br />
4.2.3.1 Completion of the inquiry is marked by the determination of whether or not an investigation is warranted. There will be written documentation to summarize the process and state the conclusion of the inquiry. The respondent will be informed whether or not there will be further investigation and, if there is a complainant, he or she will also be informed.<br />
<br />
4.2.4 '''Required Investigation'''<br />
<br />
4.2.4.1 Allegations found to require investigation will be forwarded promptly to the investigative body; if federal funding is involved, federal regulations require that the agency sponsoring the research be notified at this point.<br />
<br />
4.2.5 '''Unsupported Allegations(s)'''<br />
<br />
4.2.5.1 If an allegation is found to be unsupported but has been submitted in good faith, no further formal action, other than informing all involved parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. If confidentiality is breached, the institution will take steps to minimize the damage to reputations that may result from inaccurate reports. Allegations that have not been brought in good faith will lead to disciplinary action.<br />
<br />
4.2.6 '''Protection from Retaliation'''<br />
<br />
4.2.6.1 The institution will seek to protect the complainant against retaliation; individuals engaging in acts of retaliation will be disciplined.<br />
<br />
=== Investigation ===<br />
<br />
==== Purpose ====<br />
<br />
4.3.1.1 An investigation will be initiated when an inquiry concludes that such is warranted. The purpose is to further explore the allegations and determine whether misconduct has been committed and, if so, the degree of its seriousness. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed when significant new directions of investigation are undertaken. The investigation will focus on accusations of research misconduct as defined previously and examined the factual materials of each case.<br />
<br />
==== Structure ====<br />
<br />
4.3.2.1 To carry out the investigation, the VPR will form an Investigative Committee by expanding the Inquiry Committee to include two additional tenured faculty and at least one representative from outside the university. In selecting the members of the committee, conflicts of interest must again be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations will be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. It is also important that the <br />
committee have appropriate expertise to assure a sound knowledge base from which to work.<br />
<br />
==== Process ====<br />
<br />
4.3.3.1. Upon receipt of inquiry findings that an investigation is warranted, VPR will initiate an investigation promptly, and the complainant and respondent will be notified of the investigation. In accordance with federal regulations, all agencies sponsoring a research project in which misconduct is suspected will be notified immediately upon the decision to undertake an investigation. All involved parties will be interviewed and are obligated to cooperate with the proceedings in providing information relating to the case. All necessary information will be provided to the respondent in a timely manner to facilitate the preparation of a response. The respondent will have the opportunity to address the charges and evidence in detail. The respondent is not required to have legal counsel in the investigation, but may seek counsel if he or she so desires.<br />
<br />
4.3.3.2. If the nature of the allegations is such that there may be need to protect the health and safety of research subjects or the interests of students and colleagues, the VPR may take interim administrative action to restrict or suspend the activities of the respondent, but care should be taken to safeguard the rights of the respondent.<br />
<br />
4.3.3.3. Investigations normally will be completed within 60 days of initiation or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date.<br />
<br />
==== Findings ====<br />
<br />
4.3.4.1 The findings of the investigative committee will be submitted in writing to VPR. The respondent will receive the full report of the investigation, as will the Dean of the respondent's college. When there is more than one respondent, each shall receive all those parts of the findings that are pertinent to his or her role. Respondents may comment in writing on the report and their comments will be made part of the record. All federal agencies, sponsors, or other entities initially informed of the investigation also must be notified promptly. Appalachian will retain the findings of the investigation in a confidential and secure file.<br />
<br />
4.3.4.2 Investigations into allegations of research misconduct may result in various outcomes including 1) a finding of clear, serious, and substantial research misconduct; 2) a finding of research misconduct of a minor or questionable nature; 3) a finding that no culpable conduct was committed, but serious scientific errors were made; 4) a finding that no research misconduct or serious scientific error was committed. The judgment as to the degree of severity on the research misconduct will be solely that of the Investigative Committee. <br />
<br />
4.3.4.3 If an investigation has been launched on the basis of a complaint, and no research misconduct is found, no disciplinary measures will be taken against the complainant and every effort will be made to prevent retaliatory action against the complainant if the allegations, however incorrect, are found to have been made in good faith. If the allegations are found to have been maliciously motivated, disciplinary actions will be taken against those responsible.<br />
<br />
==== Disposition ====<br />
<br />
4.3.5.1 The VPR will inform the Chancellor, Provost, and Dean of the respondent’s college of the “Investigative Committee" findings. Should the respondent(s) be found guilty of research misconduct of a clear, serious, and substantial nature, he/she/they may be considered unfit to continue as members of the Appalachian faculty or, in the case of graduate students, of the Graduate School. Respondents who are faculty will be notified by registered mail (receipt requested) by the Chancellor or his delegate. Respondents who are graduate students will be notified in similar manner by the VPR. Relevant federal agencies, sponsors, collaborators, and editors of journals will be promptly notified of the University's findings. <br />
<br />
4.3.5.2 Respondents found guilty of research misconduct of a less clear, serious, or substantial nature may receive sanctions ranging from letters of reprimand from the Provost to probation or permanent removal from the research project involved. Findings of scientific misconduct may also warrant the removal of the-faculty respondent from graduate advisory committees or other research supervisory roles.<br />
<br />
==== Appeal ====<br />
<br />
4.3.6.1 Respondents may appeal the findings of the University. Respondents have a maximum of ten days after receiving notice of the findings to file a written appeal to the VPR. An appeal of the findings may be based on the evidence presented during the investigative hearings or on a failure of the committee to follow established procedures, in keeping with University policy. New evidence discovered may warrant a new investigation. Sanctions resulting from the findings may also be appealed if the respondent(s) has(ve) reason to believe that the disciplinary penalties are excessive or inappropriate. Respondents who are tenured faculty, and who have been notified by the Chancellor or his/her delegate of the University's intent to discharge them, are provided due process under Section 603 of the "Code" of the University of North Carolina.<br />
<br />
== Additional References ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Contact Information ==<br />
<br />
:Vice Provost for Research; 828-262-7459<br />
: [https://research.appstate.edu/ Office of Research]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
<br />
August 29, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Research_Misconduct&diff=12419Research Misconduct2022-08-29T21:24:21Z<p>Blockermg: /* Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of res...</p>
<hr />
<div>Policy 211<br />
== Introduction ==<br />
1.1 Persons involved in academic research must guard the truth and protect the public trust that research in an academic environment has long held. Activities which interfere with an honest search for the truth cannot be tolerated in a university setting. All effort must be made to maintain an open and honest search for truth through continual commitment by faculty, staff, and students to scrupulous honesty and integrity in research.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University faculty, staff, students, vendors, and visitors who access Institutional Data. This policy is not meant to address the release of Institutional Data under public records laws or other legal requirements, such as in response to subpoenas or court orders.<br />
<br />
== Definitions ==<br />
<br />
3.1 '''Research Misconduct''' - plagiarism, falsification, fabrication of data, or other forms of deliberate misrepresentation. It does not include honest error or honest differences in interpretations or judgments of data.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
All persons involved in research and scholarship must guard the truth, uphold the highest standards in their research and scholarship, and protect the public trust that the academic environment has long held. Whenever any Appalachian faculty member, graduate student, or other research employee is accused of misconduct in scientific or scholarly research, the University will conduct an inquiry, make a determination concerning the truth or falsity of the allegations, and take appropriate corrective and/or disciplinary action. This process will be expeditious and protect the rights of all those concerned, including the complainant and the accused<br />
<br />
=== Initiation of Inquiry ===<br />
<br />
<br />
==== Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of research misconduct since some concerns or allegations may not fall within the scope of policies and procedures developed to address research misconduct. If the VPR determines that the concern is properly addressed through policies and procedures designed to deal with misconduct in research, these procedures should be discussed with the individual questioning the integrity of a research project. If the individual chooses not to make a formal allegation, but the VPR believes there is sufficient cause to warrant the inquiry, the matter should be pursued without a complainant and the VPR should so inform the Provost. ====<br />
<br />
==== When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pending charges. Should the subject of the inquiry be faculty or other staff members, the VPR in consultation with the Provost will determine whether an inquiry is warranted. ====<br />
<br />
=== Inquiry ===<br />
<br />
4.2.1. '''Involvement of Faculty or Other Staff Member'''<br />
<br />
4.2.1.1 If the inquiry involves a faculty or other staff member, the VPR will appoint an ad hoc Inquiry Committee consisting of three tenured faculty members, two from the college in question and one from another college of the university. In selecting the members of the committee, potential conflicts of interest must be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations should be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. <br />
<br />
4.2.1.2 The respondent and complainant will be notified of the charges and process. The inquiry phase must be complete within 30 days or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date. <br />
<br />
4.2.2 '''Confidentiality'''<br />
<br />
4.2.2.1 During the inquiry, confidentiality will be maintained to protect the rights of all parties involved. VPR will assume responsibility for disseminating information relevant to the inquiry to the appropriate individuals. This will be in writing with copies filed in the office of the Provost.<br />
<br />
4.2.3 '''Completion of Inquiry''' <br />
<br />
4.2.3.1 Completion of the inquiry is marked by the determination of whether or not an investigation is warranted. There will be written documentation to summarize the process and state the conclusion of the inquiry. The respondent will be informed whether or not there will be further investigation and, if there is a complainant, he or she will also be informed.<br />
<br />
4.2.4 '''Required Investigation'''<br />
<br />
4.2.4.1 Allegations found to require investigation will be forwarded promptly to the investigative body; if federal funding is involved, federal regulations require that the agency sponsoring the research be notified at this point.<br />
<br />
4.2.5 '''Unsupported Allegations(s)'''<br />
<br />
4.2.5.1 If an allegation is found to be unsupported but has been submitted in good faith, no further formal action, other than informing all involved parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. If confidentiality is breached, the institution will take steps to minimize the damage to reputations that may result from inaccurate reports. Allegations that have not been brought in good faith will lead to disciplinary action.<br />
<br />
4.2.6 '''Protection from Retaliation'''<br />
<br />
4.2.6.1 The institution will seek to protect the complainant against retaliation; individuals engaging in acts of retaliation will be disciplined.<br />
<br />
=== Investigation ===<br />
<br />
==== Purpose ====<br />
<br />
4.3.1.1 An investigation will be initiated when an inquiry concludes that such is warranted. The purpose is to further explore the allegations and determine whether misconduct has been committed and, if so, the degree of its seriousness. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed when significant new directions of investigation are undertaken. The investigation will focus on accusations of research misconduct as defined previously and examined the factual materials of each case.<br />
<br />
==== Structure ====<br />
<br />
4.3.2.1 To carry out the investigation, the VPR will form an Investigative Committee by expanding the Inquiry Committee to include two additional tenured faculty and at least one representative from outside the university. In selecting the members of the committee, conflicts of interest must again be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations will be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. It is also important that the <br />
committee have appropriate expertise to assure a sound knowledge base from which to work.<br />
<br />
==== Process ====<br />
<br />
4.3.3.1. Upon receipt of inquiry findings that an investigation is warranted, VPR will initiate an investigation promptly, and the complainant and respondent will be notified of the investigation. In accordance with federal regulations, all agencies sponsoring a research project in which misconduct is suspected will be notified immediately upon the decision to undertake an investigation. All involved parties will be interviewed and are obligated to cooperate with the proceedings in providing information relating to the case. All necessary information will be provided to the respondent in a timely manner to facilitate the preparation of a response. The respondent will have the opportunity to address the charges and evidence in detail. The respondent is not required to have legal counsel in the investigation, but may seek counsel if he or she so desires.<br />
<br />
4.3.3.2. If the nature of the allegations is such that there may be need to protect the health and safety of research subjects or the interests of students and colleagues, the VPR may take interim administrative action to restrict or suspend the activities of the respondent, but care should be taken to safeguard the rights of the respondent.<br />
<br />
4.3.3.3. Investigations normally will be completed within 60 days of initiation or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date.<br />
<br />
==== Findings ====<br />
<br />
4.3.4.1 The findings of the investigative committee will be submitted in writing to VPR. The respondent will receive the full report of the investigation, as will the Dean of the respondent's college. When there is more than one respondent, each shall receive all those parts of the findings that are pertinent to his or her role. Respondents may comment in writing on the report and their comments will be made part of the record. All federal agencies, sponsors, or other entities initially informed of the investigation also must be notified promptly. Appalachian will retain the findings of the investigation in a confidential and secure file.<br />
<br />
4.3.4.2 Investigations into allegations of research misconduct may result in various outcomes including 1) a finding of clear, serious, and substantial research misconduct; 2) a finding of research misconduct of a minor or questionable nature; 3) a finding that no culpable conduct was committed, but serious scientific errors were made; 4) a finding that no research misconduct or serious scientific error was committed. The judgment as to the degree of severity on the research misconduct will be solely that of the Investigative Committee. <br />
<br />
4.3.4.3 If an investigation has been launched on the basis of a complaint, and no research misconduct is found, no disciplinary measures will be taken against the complainant and every effort will be made to prevent retaliatory action against the complainant if the allegations, however incorrect, are found to have been made in good faith. If the allegations are found to have been maliciously motivated, disciplinary actions will be taken against those responsible.<br />
<br />
==== Disposition ====<br />
<br />
4.3.5.1 The VPR will inform the Chancellor, Provost, and Dean of the respondent’s college of the “Investigative Committee" findings. Should the respondent(s) be found guilty of research misconduct of a clear, serious, and substantial nature, he/she/they may be considered unfit to continue as members of the Appalachian faculty or, in the case of graduate students, of the Graduate School. Respondents who are faculty will be notified by registered mail (receipt requested) by the Chancellor or his delegate. Respondents who are graduate students will be notified in similar manner by the VPR. Relevant federal agencies, sponsors, collaborators, and editors of journals will be promptly notified of the University's findings. <br />
<br />
4.3.5.2 Respondents found guilty of research misconduct of a less clear, serious, or substantial nature may receive sanctions ranging from letters of reprimand from the Provost to probation or permanent removal from the research project involved. Findings of scientific misconduct may also warrant the removal of the-faculty respondent from graduate advisory committees or other research supervisory roles.<br />
<br />
==== Appeal ====<br />
<br />
4.3.6.1 Respondents may appeal the findings of the University. Respondents have a maximum of ten days after receiving notice of the findings to file a written appeal to the VPR. An appeal of the findings may be based on the evidence presented during the investigative hearings or on a failure of the committee to follow established procedures, in keeping with University policy. New evidence discovered may warrant a new investigation. Sanctions resulting from the findings may also be appealed if the respondent(s) has(ve) reason to believe that the disciplinary penalties are excessive or inappropriate. Respondents who are tenured faculty, and who have been notified by the Chancellor or his/her delegate of the University's intent to discharge them, are provided due process under Section 603 of the "Code" of the University of North Carolina.<br />
<br />
== Additional References ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Contact Information ==<br />
<br />
:Vice Provost for Research; 828-262-7459<br />
: [https://research.appstate.edu/ Office of Research]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
<br />
August 29, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Research_Misconduct&diff=12418Research Misconduct2022-08-29T21:21:50Z<p>Blockermg: /* Revision Dates */</p>
<hr />
<div>Policy 211<br />
== Introduction ==<br />
1.1 Persons involved in academic research must guard the truth and protect the public trust that research in an academic environment has long held. Activities which interfere with an honest search for the truth cannot be tolerated in a university setting. All effort must be made to maintain an open and honest search for truth through continual commitment by faculty, staff, and students to scrupulous honesty and integrity in research.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University faculty, staff, students, vendors, and visitors who access Institutional Data. This policy is not meant to address the release of Institutional Data under public records laws or other legal requirements, such as in response to subpoenas or court orders.<br />
<br />
== Definitions ==<br />
<br />
3.1 '''Research Misconduct''' - plagiarism, falsification, fabrication of data, or other forms of deliberate misrepresentation. It does not include honest error or honest differences in interpretations or judgments of data.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
All persons involved in research and scholarship must guard the truth, uphold the highest standards in their research and scholarship, and protect the public trust that the academic environment has long held. Whenever any Appalachian faculty member, graduate student, or other research employee is accused of misconduct in scientific or scholarly research, the University will conduct an inquiry, make a determination concerning the truth or falsity of the allegations, and take appropriate corrective and/or disciplinary action. This process will be expeditious and protect the rights of all those concerned, including the complainant and the accused<br />
<br />
=== Initiation of Inquiry ===<br />
<br />
==== Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of research misconduct since some concerns or allegations may not fall within the scope of policies and procedures developed to address research misconduct. If the VPR determines that the concern is properly addressed through policies and procedures designed to deal with misconduct in research, these procedures should be discussed with the individual questioning the integrity of a research project. If the individual chooses not to make a formal allegation, but the VPR believes there is sufficient cause to warrant the inquiry, the matter should be pursued without a complainant and the VPR should so inform the Provost. ====<br />
<br />
==== When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pending charges. Should the subject of the inquiry be faculty or other staff members, the VPR in consultation with the Provost will determine whether an inquiry is warranted. ====<br />
<br />
=== Inquiry ===<br />
<br />
4.2.1. '''Involvement of Faculty or Other Staff Member'''<br />
<br />
4.2.1.1 If the inquiry involves a faculty or other staff member, the VPR will appoint an ad hoc Inquiry Committee consisting of three tenured faculty members, two from the college in question and one from another college of the university. In selecting the members of the committee, potential conflicts of interest must be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations should be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. <br />
<br />
4.2.1.2 The respondent and complainant will be notified of the charges and process. The inquiry phase must be complete within 30 days or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date. <br />
<br />
4.2.2 '''Confidentiality'''<br />
<br />
4.2.2.1 During the inquiry, confidentiality will be maintained to protect the rights of all parties involved. VPR will assume responsibility for disseminating information relevant to the inquiry to the appropriate individuals. This will be in writing with copies filed in the office of the Provost.<br />
<br />
4.2.3 '''Completion of Inquiry''' <br />
<br />
4.2.3.1 Completion of the inquiry is marked by the determination of whether or not an investigation is warranted. There will be written documentation to summarize the process and state the conclusion of the inquiry. The respondent will be informed whether or not there will be further investigation and, if there is a complainant, he or she will also be informed.<br />
<br />
4.2.4 '''Required Investigation'''<br />
<br />
4.2.4.1 Allegations found to require investigation will be forwarded promptly to the investigative body; if federal funding is involved, federal regulations require that the agency sponsoring the research be notified at this point.<br />
<br />
4.2.5 '''Unsupported Allegations(s)'''<br />
<br />
4.2.5.1 If an allegation is found to be unsupported but has been submitted in good faith, no further formal action, other than informing all involved parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. If confidentiality is breached, the institution will take steps to minimize the damage to reputations that may result from inaccurate reports. Allegations that have not been brought in good faith will lead to disciplinary action.<br />
<br />
4.2.6 '''Protection from Retaliation'''<br />
<br />
4.2.6.1 The institution will seek to protect the complainant against retaliation; individuals engaging in acts of retaliation will be disciplined.<br />
<br />
=== Investigation ===<br />
<br />
==== Purpose ====<br />
<br />
4.3.1.1 An investigation will be initiated when an inquiry concludes that such is warranted. The purpose is to further explore the allegations and determine whether misconduct has been committed and, if so, the degree of its seriousness. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed when significant new directions of investigation are undertaken. The investigation will focus on accusations of research misconduct as defined previously and examined the factual materials of each case.<br />
<br />
==== Structure ====<br />
<br />
4.3.2.1 To carry out the investigation, the VPR will form an Investigative Committee by expanding the Inquiry Committee to include two additional tenured faculty and at least one representative from outside the university. In selecting the members of the committee, conflicts of interest must again be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations will be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. It is also important that the <br />
committee have appropriate expertise to assure a sound knowledge base from which to work.<br />
<br />
==== Process ====<br />
<br />
4.3.3.1. Upon receipt of inquiry findings that an investigation is warranted, VPR will initiate an investigation promptly, and the complainant and respondent will be notified of the investigation. In accordance with federal regulations, all agencies sponsoring a research project in which misconduct is suspected will be notified immediately upon the decision to undertake an investigation. All involved parties will be interviewed and are obligated to cooperate with the proceedings in providing information relating to the case. All necessary information will be provided to the respondent in a timely manner to facilitate the preparation of a response. The respondent will have the opportunity to address the charges and evidence in detail. The respondent is not required to have legal counsel in the investigation, but may seek counsel if he or she so desires.<br />
<br />
4.3.3.2. If the nature of the allegations is such that there may be need to protect the health and safety of research subjects or the interests of students and colleagues, the VPR may take interim administrative action to restrict or suspend the activities of the respondent, but care should be taken to safeguard the rights of the respondent.<br />
<br />
4.3.3.3. Investigations normally will be completed within 60 days of initiation or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date.<br />
<br />
==== Findings ====<br />
<br />
4.3.4.1 The findings of the investigative committee will be submitted in writing to VPR. The respondent will receive the full report of the investigation, as will the Dean of the respondent's college. When there is more than one respondent, each shall receive all those parts of the findings that are pertinent to his or her role. Respondents may comment in writing on the report and their comments will be made part of the record. All federal agencies, sponsors, or other entities initially informed of the investigation also must be notified promptly. Appalachian will retain the findings of the investigation in a confidential and secure file.<br />
<br />
4.3.4.2 Investigations into allegations of research misconduct may result in various outcomes including 1) a finding of clear, serious, and substantial research misconduct; 2) a finding of research misconduct of a minor or questionable nature; 3) a finding that no culpable conduct was committed, but serious scientific errors were made; 4) a finding that no research misconduct or serious scientific error was committed. The judgment as to the degree of severity on the research misconduct will be solely that of the Investigative Committee. <br />
<br />
4.3.4.3 If an investigation has been launched on the basis of a complaint, and no research misconduct is found, no disciplinary measures will be taken against the complainant and every effort will be made to prevent retaliatory action against the complainant if the allegations, however incorrect, are found to have been made in good faith. If the allegations are found to have been maliciously motivated, disciplinary actions will be taken against those responsible.<br />
<br />
==== Disposition ====<br />
<br />
4.3.5.1 The VPR will inform the Chancellor, Provost, and Dean of the respondent’s college of the “Investigative Committee" findings. Should the respondent(s) be found guilty of research misconduct of a clear, serious, and substantial nature, he/she/they may be considered unfit to continue as members of the Appalachian faculty or, in the case of graduate students, of the Graduate School. Respondents who are faculty will be notified by registered mail (receipt requested) by the Chancellor or his delegate. Respondents who are graduate students will be notified in similar manner by the VPR. Relevant federal agencies, sponsors, collaborators, and editors of journals will be promptly notified of the University's findings. <br />
<br />
4.3.5.2 Respondents found guilty of research misconduct of a less clear, serious, or substantial nature may receive sanctions ranging from letters of reprimand from the Provost to probation or permanent removal from the research project involved. Findings of scientific misconduct may also warrant the removal of the-faculty respondent from graduate advisory committees or other research supervisory roles.<br />
<br />
==== Appeal ====<br />
<br />
4.3.6.1 Respondents may appeal the findings of the University. Respondents have a maximum of ten days after receiving notice of the findings to file a written appeal to the VPR. An appeal of the findings may be based on the evidence presented during the investigative hearings or on a failure of the committee to follow established procedures, in keeping with University policy. New evidence discovered may warrant a new investigation. Sanctions resulting from the findings may also be appealed if the respondent(s) has(ve) reason to believe that the disciplinary penalties are excessive or inappropriate. Respondents who are tenured faculty, and who have been notified by the Chancellor or his/her delegate of the University's intent to discharge them, are provided due process under Section 603 of the "Code" of the University of North Carolina.<br />
<br />
== Additional References ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Contact Information ==<br />
<br />
:Vice Provost for Research; 828-262-7459<br />
: [https://research.appstate.edu/ Office of Research]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
<br />
August 29, 2022<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Research_Misconduct&diff=12417Research Misconduct2022-08-29T21:21:13Z<p>Blockermg: /* Contact Information */</p>
<hr />
<div>Policy 211<br />
== Introduction ==<br />
1.1 Persons involved in academic research must guard the truth and protect the public trust that research in an academic environment has long held. Activities which interfere with an honest search for the truth cannot be tolerated in a university setting. All effort must be made to maintain an open and honest search for truth through continual commitment by faculty, staff, and students to scrupulous honesty and integrity in research.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University faculty, staff, students, vendors, and visitors who access Institutional Data. This policy is not meant to address the release of Institutional Data under public records laws or other legal requirements, such as in response to subpoenas or court orders.<br />
<br />
== Definitions ==<br />
<br />
3.1 '''Research Misconduct''' - plagiarism, falsification, fabrication of data, or other forms of deliberate misrepresentation. It does not include honest error or honest differences in interpretations or judgments of data.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
All persons involved in research and scholarship must guard the truth, uphold the highest standards in their research and scholarship, and protect the public trust that the academic environment has long held. Whenever any Appalachian faculty member, graduate student, or other research employee is accused of misconduct in scientific or scholarly research, the University will conduct an inquiry, make a determination concerning the truth or falsity of the allegations, and take appropriate corrective and/or disciplinary action. This process will be expeditious and protect the rights of all those concerned, including the complainant and the accused<br />
<br />
=== Initiation of Inquiry ===<br />
<br />
==== Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of research misconduct since some concerns or allegations may not fall within the scope of policies and procedures developed to address research misconduct. If the VPR determines that the concern is properly addressed through policies and procedures designed to deal with misconduct in research, these procedures should be discussed with the individual questioning the integrity of a research project. If the individual chooses not to make a formal allegation, but the VPR believes there is sufficient cause to warrant the inquiry, the matter should be pursued without a complainant and the VPR should so inform the Provost. ====<br />
<br />
==== When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pending charges. Should the subject of the inquiry be faculty or other staff members, the VPR in consultation with the Provost will determine whether an inquiry is warranted. ====<br />
<br />
=== Inquiry ===<br />
<br />
4.2.1. '''Involvement of Faculty or Other Staff Member'''<br />
<br />
4.2.1.1 If the inquiry involves a faculty or other staff member, the VPR will appoint an ad hoc Inquiry Committee consisting of three tenured faculty members, two from the college in question and one from another college of the university. In selecting the members of the committee, potential conflicts of interest must be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations should be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. <br />
<br />
4.2.1.2 The respondent and complainant will be notified of the charges and process. The inquiry phase must be complete within 30 days or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date. <br />
<br />
4.2.2 '''Confidentiality'''<br />
<br />
4.2.2.1 During the inquiry, confidentiality will be maintained to protect the rights of all parties involved. VPR will assume responsibility for disseminating information relevant to the inquiry to the appropriate individuals. This will be in writing with copies filed in the office of the Provost.<br />
<br />
4.2.3 '''Completion of Inquiry''' <br />
<br />
4.2.3.1 Completion of the inquiry is marked by the determination of whether or not an investigation is warranted. There will be written documentation to summarize the process and state the conclusion of the inquiry. The respondent will be informed whether or not there will be further investigation and, if there is a complainant, he or she will also be informed.<br />
<br />
4.2.4 '''Required Investigation'''<br />
<br />
4.2.4.1 Allegations found to require investigation will be forwarded promptly to the investigative body; if federal funding is involved, federal regulations require that the agency sponsoring the research be notified at this point.<br />
<br />
4.2.5 '''Unsupported Allegations(s)'''<br />
<br />
4.2.5.1 If an allegation is found to be unsupported but has been submitted in good faith, no further formal action, other than informing all involved parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. If confidentiality is breached, the institution will take steps to minimize the damage to reputations that may result from inaccurate reports. Allegations that have not been brought in good faith will lead to disciplinary action.<br />
<br />
4.2.6 '''Protection from Retaliation'''<br />
<br />
4.2.6.1 The institution will seek to protect the complainant against retaliation; individuals engaging in acts of retaliation will be disciplined.<br />
<br />
=== Investigation ===<br />
<br />
==== Purpose ====<br />
<br />
4.3.1.1 An investigation will be initiated when an inquiry concludes that such is warranted. The purpose is to further explore the allegations and determine whether misconduct has been committed and, if so, the degree of its seriousness. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed when significant new directions of investigation are undertaken. The investigation will focus on accusations of research misconduct as defined previously and examined the factual materials of each case.<br />
<br />
==== Structure ====<br />
<br />
4.3.2.1 To carry out the investigation, the VPR will form an Investigative Committee by expanding the Inquiry Committee to include two additional tenured faculty and at least one representative from outside the university. In selecting the members of the committee, conflicts of interest must again be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations will be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. It is also important that the <br />
committee have appropriate expertise to assure a sound knowledge base from which to work.<br />
<br />
==== Process ====<br />
<br />
4.3.3.1. Upon receipt of inquiry findings that an investigation is warranted, VPR will initiate an investigation promptly, and the complainant and respondent will be notified of the investigation. In accordance with federal regulations, all agencies sponsoring a research project in which misconduct is suspected will be notified immediately upon the decision to undertake an investigation. All involved parties will be interviewed and are obligated to cooperate with the proceedings in providing information relating to the case. All necessary information will be provided to the respondent in a timely manner to facilitate the preparation of a response. The respondent will have the opportunity to address the charges and evidence in detail. The respondent is not required to have legal counsel in the investigation, but may seek counsel if he or she so desires.<br />
<br />
4.3.3.2. If the nature of the allegations is such that there may be need to protect the health and safety of research subjects or the interests of students and colleagues, the VPR may take interim administrative action to restrict or suspend the activities of the respondent, but care should be taken to safeguard the rights of the respondent.<br />
<br />
4.3.3.3. Investigations normally will be completed within 60 days of initiation or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date.<br />
<br />
==== Findings ====<br />
<br />
4.3.4.1 The findings of the investigative committee will be submitted in writing to VPR. The respondent will receive the full report of the investigation, as will the Dean of the respondent's college. When there is more than one respondent, each shall receive all those parts of the findings that are pertinent to his or her role. Respondents may comment in writing on the report and their comments will be made part of the record. All federal agencies, sponsors, or other entities initially informed of the investigation also must be notified promptly. Appalachian will retain the findings of the investigation in a confidential and secure file.<br />
<br />
4.3.4.2 Investigations into allegations of research misconduct may result in various outcomes including 1) a finding of clear, serious, and substantial research misconduct; 2) a finding of research misconduct of a minor or questionable nature; 3) a finding that no culpable conduct was committed, but serious scientific errors were made; 4) a finding that no research misconduct or serious scientific error was committed. The judgment as to the degree of severity on the research misconduct will be solely that of the Investigative Committee. <br />
<br />
4.3.4.3 If an investigation has been launched on the basis of a complaint, and no research misconduct is found, no disciplinary measures will be taken against the complainant and every effort will be made to prevent retaliatory action against the complainant if the allegations, however incorrect, are found to have been made in good faith. If the allegations are found to have been maliciously motivated, disciplinary actions will be taken against those responsible.<br />
<br />
==== Disposition ====<br />
<br />
4.3.5.1 The VPR will inform the Chancellor, Provost, and Dean of the respondent’s college of the “Investigative Committee" findings. Should the respondent(s) be found guilty of research misconduct of a clear, serious, and substantial nature, he/she/they may be considered unfit to continue as members of the Appalachian faculty or, in the case of graduate students, of the Graduate School. Respondents who are faculty will be notified by registered mail (receipt requested) by the Chancellor or his delegate. Respondents who are graduate students will be notified in similar manner by the VPR. Relevant federal agencies, sponsors, collaborators, and editors of journals will be promptly notified of the University's findings. <br />
<br />
4.3.5.2 Respondents found guilty of research misconduct of a less clear, serious, or substantial nature may receive sanctions ranging from letters of reprimand from the Provost to probation or permanent removal from the research project involved. Findings of scientific misconduct may also warrant the removal of the-faculty respondent from graduate advisory committees or other research supervisory roles.<br />
<br />
==== Appeal ====<br />
<br />
4.3.6.1 Respondents may appeal the findings of the University. Respondents have a maximum of ten days after receiving notice of the findings to file a written appeal to the VPR. An appeal of the findings may be based on the evidence presented during the investigative hearings or on a failure of the committee to follow established procedures, in keeping with University policy. New evidence discovered may warrant a new investigation. Sanctions resulting from the findings may also be appealed if the respondent(s) has(ve) reason to believe that the disciplinary penalties are excessive or inappropriate. Respondents who are tenured faculty, and who have been notified by the Chancellor or his/her delegate of the University's intent to discharge them, are provided due process under Section 603 of the "Code" of the University of North Carolina.<br />
<br />
== Additional References ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Contact Information ==<br />
<br />
:Vice Provost for Research; 828-262-7459<br />
: [https://research.appstate.edu/ Office of Research]<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Research_Misconduct&diff=12416Research Misconduct2022-08-29T21:16:57Z<p>Blockermg: /* Authority */</p>
<hr />
<div>Policy 211<br />
== Introduction ==<br />
1.1 Persons involved in academic research must guard the truth and protect the public trust that research in an academic environment has long held. Activities which interfere with an honest search for the truth cannot be tolerated in a university setting. All effort must be made to maintain an open and honest search for truth through continual commitment by faculty, staff, and students to scrupulous honesty and integrity in research.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University faculty, staff, students, vendors, and visitors who access Institutional Data. This policy is not meant to address the release of Institutional Data under public records laws or other legal requirements, such as in response to subpoenas or court orders.<br />
<br />
== Definitions ==<br />
<br />
3.1 '''Research Misconduct''' - plagiarism, falsification, fabrication of data, or other forms of deliberate misrepresentation. It does not include honest error or honest differences in interpretations or judgments of data.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
All persons involved in research and scholarship must guard the truth, uphold the highest standards in their research and scholarship, and protect the public trust that the academic environment has long held. Whenever any Appalachian faculty member, graduate student, or other research employee is accused of misconduct in scientific or scholarly research, the University will conduct an inquiry, make a determination concerning the truth or falsity of the allegations, and take appropriate corrective and/or disciplinary action. This process will be expeditious and protect the rights of all those concerned, including the complainant and the accused<br />
<br />
=== Initiation of Inquiry ===<br />
<br />
==== Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of research misconduct since some concerns or allegations may not fall within the scope of policies and procedures developed to address research misconduct. If the VPR determines that the concern is properly addressed through policies and procedures designed to deal with misconduct in research, these procedures should be discussed with the individual questioning the integrity of a research project. If the individual chooses not to make a formal allegation, but the VPR believes there is sufficient cause to warrant the inquiry, the matter should be pursued without a complainant and the VPR should so inform the Provost. ====<br />
<br />
==== When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pending charges. Should the subject of the inquiry be faculty or other staff members, the VPR in consultation with the Provost will determine whether an inquiry is warranted. ====<br />
<br />
=== Inquiry ===<br />
<br />
4.2.1. '''Involvement of Faculty or Other Staff Member'''<br />
<br />
4.2.1.1 If the inquiry involves a faculty or other staff member, the VPR will appoint an ad hoc Inquiry Committee consisting of three tenured faculty members, two from the college in question and one from another college of the university. In selecting the members of the committee, potential conflicts of interest must be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations should be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. <br />
<br />
4.2.1.2 The respondent and complainant will be notified of the charges and process. The inquiry phase must be complete within 30 days or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date. <br />
<br />
4.2.2 '''Confidentiality'''<br />
<br />
4.2.2.1 During the inquiry, confidentiality will be maintained to protect the rights of all parties involved. VPR will assume responsibility for disseminating information relevant to the inquiry to the appropriate individuals. This will be in writing with copies filed in the office of the Provost.<br />
<br />
4.2.3 '''Completion of Inquiry''' <br />
<br />
4.2.3.1 Completion of the inquiry is marked by the determination of whether or not an investigation is warranted. There will be written documentation to summarize the process and state the conclusion of the inquiry. The respondent will be informed whether or not there will be further investigation and, if there is a complainant, he or she will also be informed.<br />
<br />
4.2.4 '''Required Investigation'''<br />
<br />
4.2.4.1 Allegations found to require investigation will be forwarded promptly to the investigative body; if federal funding is involved, federal regulations require that the agency sponsoring the research be notified at this point.<br />
<br />
4.2.5 '''Unsupported Allegations(s)'''<br />
<br />
4.2.5.1 If an allegation is found to be unsupported but has been submitted in good faith, no further formal action, other than informing all involved parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. If confidentiality is breached, the institution will take steps to minimize the damage to reputations that may result from inaccurate reports. Allegations that have not been brought in good faith will lead to disciplinary action.<br />
<br />
4.2.6 '''Protection from Retaliation'''<br />
<br />
4.2.6.1 The institution will seek to protect the complainant against retaliation; individuals engaging in acts of retaliation will be disciplined.<br />
<br />
=== Investigation ===<br />
<br />
==== Purpose ====<br />
<br />
4.3.1.1 An investigation will be initiated when an inquiry concludes that such is warranted. The purpose is to further explore the allegations and determine whether misconduct has been committed and, if so, the degree of its seriousness. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed when significant new directions of investigation are undertaken. The investigation will focus on accusations of research misconduct as defined previously and examined the factual materials of each case.<br />
<br />
==== Structure ====<br />
<br />
4.3.2.1 To carry out the investigation, the VPR will form an Investigative Committee by expanding the Inquiry Committee to include two additional tenured faculty and at least one representative from outside the university. In selecting the members of the committee, conflicts of interest must again be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations will be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. It is also important that the <br />
committee have appropriate expertise to assure a sound knowledge base from which to work.<br />
<br />
==== Process ====<br />
<br />
4.3.3.1. Upon receipt of inquiry findings that an investigation is warranted, VPR will initiate an investigation promptly, and the complainant and respondent will be notified of the investigation. In accordance with federal regulations, all agencies sponsoring a research project in which misconduct is suspected will be notified immediately upon the decision to undertake an investigation. All involved parties will be interviewed and are obligated to cooperate with the proceedings in providing information relating to the case. All necessary information will be provided to the respondent in a timely manner to facilitate the preparation of a response. The respondent will have the opportunity to address the charges and evidence in detail. The respondent is not required to have legal counsel in the investigation, but may seek counsel if he or she so desires.<br />
<br />
4.3.3.2. If the nature of the allegations is such that there may be need to protect the health and safety of research subjects or the interests of students and colleagues, the VPR may take interim administrative action to restrict or suspend the activities of the respondent, but care should be taken to safeguard the rights of the respondent.<br />
<br />
4.3.3.3. Investigations normally will be completed within 60 days of initiation or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date.<br />
<br />
==== Findings ====<br />
<br />
4.3.4.1 The findings of the investigative committee will be submitted in writing to VPR. The respondent will receive the full report of the investigation, as will the Dean of the respondent's college. When there is more than one respondent, each shall receive all those parts of the findings that are pertinent to his or her role. Respondents may comment in writing on the report and their comments will be made part of the record. All federal agencies, sponsors, or other entities initially informed of the investigation also must be notified promptly. Appalachian will retain the findings of the investigation in a confidential and secure file.<br />
<br />
4.3.4.2 Investigations into allegations of research misconduct may result in various outcomes including 1) a finding of clear, serious, and substantial research misconduct; 2) a finding of research misconduct of a minor or questionable nature; 3) a finding that no culpable conduct was committed, but serious scientific errors were made; 4) a finding that no research misconduct or serious scientific error was committed. The judgment as to the degree of severity on the research misconduct will be solely that of the Investigative Committee. <br />
<br />
4.3.4.3 If an investigation has been launched on the basis of a complaint, and no research misconduct is found, no disciplinary measures will be taken against the complainant and every effort will be made to prevent retaliatory action against the complainant if the allegations, however incorrect, are found to have been made in good faith. If the allegations are found to have been maliciously motivated, disciplinary actions will be taken against those responsible.<br />
<br />
==== Disposition ====<br />
<br />
4.3.5.1 The VPR will inform the Chancellor, Provost, and Dean of the respondent’s college of the “Investigative Committee" findings. Should the respondent(s) be found guilty of research misconduct of a clear, serious, and substantial nature, he/she/they may be considered unfit to continue as members of the Appalachian faculty or, in the case of graduate students, of the Graduate School. Respondents who are faculty will be notified by registered mail (receipt requested) by the Chancellor or his delegate. Respondents who are graduate students will be notified in similar manner by the VPR. Relevant federal agencies, sponsors, collaborators, and editors of journals will be promptly notified of the University's findings. <br />
<br />
4.3.5.2 Respondents found guilty of research misconduct of a less clear, serious, or substantial nature may receive sanctions ranging from letters of reprimand from the Provost to probation or permanent removal from the research project involved. Findings of scientific misconduct may also warrant the removal of the-faculty respondent from graduate advisory committees or other research supervisory roles.<br />
<br />
==== Appeal ====<br />
<br />
4.3.6.1 Respondents may appeal the findings of the University. Respondents have a maximum of ten days after receiving notice of the findings to file a written appeal to the VPR. An appeal of the findings may be based on the evidence presented during the investigative hearings or on a failure of the committee to follow established procedures, in keeping with University policy. New evidence discovered may warrant a new investigation. Sanctions resulting from the findings may also be appealed if the respondent(s) has(ve) reason to believe that the disciplinary penalties are excessive or inappropriate. Respondents who are tenured faculty, and who have been notified by the Chancellor or his/her delegate of the University's intent to discharge them, are provided due process under Section 603 of the "Code" of the University of North Carolina.<br />
<br />
== Additional References ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Contact Information ==<br />
<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Research_Misconduct&diff=12415Research Misconduct2022-08-29T21:16:38Z<p>Blockermg: /* Additional References */</p>
<hr />
<div>Policy 211<br />
== Introduction ==<br />
1.1 Persons involved in academic research must guard the truth and protect the public trust that research in an academic environment has long held. Activities which interfere with an honest search for the truth cannot be tolerated in a university setting. All effort must be made to maintain an open and honest search for truth through continual commitment by faculty, staff, and students to scrupulous honesty and integrity in research.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University faculty, staff, students, vendors, and visitors who access Institutional Data. This policy is not meant to address the release of Institutional Data under public records laws or other legal requirements, such as in response to subpoenas or court orders.<br />
<br />
== Definitions ==<br />
<br />
3.1 '''Research Misconduct''' - plagiarism, falsification, fabrication of data, or other forms of deliberate misrepresentation. It does not include honest error or honest differences in interpretations or judgments of data.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
All persons involved in research and scholarship must guard the truth, uphold the highest standards in their research and scholarship, and protect the public trust that the academic environment has long held. Whenever any Appalachian faculty member, graduate student, or other research employee is accused of misconduct in scientific or scholarly research, the University will conduct an inquiry, make a determination concerning the truth or falsity of the allegations, and take appropriate corrective and/or disciplinary action. This process will be expeditious and protect the rights of all those concerned, including the complainant and the accused<br />
<br />
=== Initiation of Inquiry ===<br />
<br />
==== Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of research misconduct since some concerns or allegations may not fall within the scope of policies and procedures developed to address research misconduct. If the VPR determines that the concern is properly addressed through policies and procedures designed to deal with misconduct in research, these procedures should be discussed with the individual questioning the integrity of a research project. If the individual chooses not to make a formal allegation, but the VPR believes there is sufficient cause to warrant the inquiry, the matter should be pursued without a complainant and the VPR should so inform the Provost. ====<br />
<br />
==== When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pending charges. Should the subject of the inquiry be faculty or other staff members, the VPR in consultation with the Provost will determine whether an inquiry is warranted. ====<br />
<br />
=== Inquiry ===<br />
<br />
4.2.1. '''Involvement of Faculty or Other Staff Member'''<br />
<br />
4.2.1.1 If the inquiry involves a faculty or other staff member, the VPR will appoint an ad hoc Inquiry Committee consisting of three tenured faculty members, two from the college in question and one from another college of the university. In selecting the members of the committee, potential conflicts of interest must be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations should be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. <br />
<br />
4.2.1.2 The respondent and complainant will be notified of the charges and process. The inquiry phase must be complete within 30 days or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date. <br />
<br />
4.2.2 '''Confidentiality'''<br />
<br />
4.2.2.1 During the inquiry, confidentiality will be maintained to protect the rights of all parties involved. VPR will assume responsibility for disseminating information relevant to the inquiry to the appropriate individuals. This will be in writing with copies filed in the office of the Provost.<br />
<br />
4.2.3 '''Completion of Inquiry''' <br />
<br />
4.2.3.1 Completion of the inquiry is marked by the determination of whether or not an investigation is warranted. There will be written documentation to summarize the process and state the conclusion of the inquiry. The respondent will be informed whether or not there will be further investigation and, if there is a complainant, he or she will also be informed.<br />
<br />
4.2.4 '''Required Investigation'''<br />
<br />
4.2.4.1 Allegations found to require investigation will be forwarded promptly to the investigative body; if federal funding is involved, federal regulations require that the agency sponsoring the research be notified at this point.<br />
<br />
4.2.5 '''Unsupported Allegations(s)'''<br />
<br />
4.2.5.1 If an allegation is found to be unsupported but has been submitted in good faith, no further formal action, other than informing all involved parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. If confidentiality is breached, the institution will take steps to minimize the damage to reputations that may result from inaccurate reports. Allegations that have not been brought in good faith will lead to disciplinary action.<br />
<br />
4.2.6 '''Protection from Retaliation'''<br />
<br />
4.2.6.1 The institution will seek to protect the complainant against retaliation; individuals engaging in acts of retaliation will be disciplined.<br />
<br />
=== Investigation ===<br />
<br />
==== Purpose ====<br />
<br />
4.3.1.1 An investigation will be initiated when an inquiry concludes that such is warranted. The purpose is to further explore the allegations and determine whether misconduct has been committed and, if so, the degree of its seriousness. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed when significant new directions of investigation are undertaken. The investigation will focus on accusations of research misconduct as defined previously and examined the factual materials of each case.<br />
<br />
==== Structure ====<br />
<br />
4.3.2.1 To carry out the investigation, the VPR will form an Investigative Committee by expanding the Inquiry Committee to include two additional tenured faculty and at least one representative from outside the university. In selecting the members of the committee, conflicts of interest must again be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations will be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. It is also important that the <br />
committee have appropriate expertise to assure a sound knowledge base from which to work.<br />
<br />
==== Process ====<br />
<br />
4.3.3.1. Upon receipt of inquiry findings that an investigation is warranted, VPR will initiate an investigation promptly, and the complainant and respondent will be notified of the investigation. In accordance with federal regulations, all agencies sponsoring a research project in which misconduct is suspected will be notified immediately upon the decision to undertake an investigation. All involved parties will be interviewed and are obligated to cooperate with the proceedings in providing information relating to the case. All necessary information will be provided to the respondent in a timely manner to facilitate the preparation of a response. The respondent will have the opportunity to address the charges and evidence in detail. The respondent is not required to have legal counsel in the investigation, but may seek counsel if he or she so desires.<br />
<br />
4.3.3.2. If the nature of the allegations is such that there may be need to protect the health and safety of research subjects or the interests of students and colleagues, the VPR may take interim administrative action to restrict or suspend the activities of the respondent, but care should be taken to safeguard the rights of the respondent.<br />
<br />
4.3.3.3. Investigations normally will be completed within 60 days of initiation or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date.<br />
<br />
==== Findings ====<br />
<br />
4.3.4.1 The findings of the investigative committee will be submitted in writing to VPR. The respondent will receive the full report of the investigation, as will the Dean of the respondent's college. When there is more than one respondent, each shall receive all those parts of the findings that are pertinent to his or her role. Respondents may comment in writing on the report and their comments will be made part of the record. All federal agencies, sponsors, or other entities initially informed of the investigation also must be notified promptly. Appalachian will retain the findings of the investigation in a confidential and secure file.<br />
<br />
4.3.4.2 Investigations into allegations of research misconduct may result in various outcomes including 1) a finding of clear, serious, and substantial research misconduct; 2) a finding of research misconduct of a minor or questionable nature; 3) a finding that no culpable conduct was committed, but serious scientific errors were made; 4) a finding that no research misconduct or serious scientific error was committed. The judgment as to the degree of severity on the research misconduct will be solely that of the Investigative Committee. <br />
<br />
4.3.4.3 If an investigation has been launched on the basis of a complaint, and no research misconduct is found, no disciplinary measures will be taken against the complainant and every effort will be made to prevent retaliatory action against the complainant if the allegations, however incorrect, are found to have been made in good faith. If the allegations are found to have been maliciously motivated, disciplinary actions will be taken against those responsible.<br />
<br />
==== Disposition ====<br />
<br />
4.3.5.1 The VPR will inform the Chancellor, Provost, and Dean of the respondent’s college of the “Investigative Committee" findings. Should the respondent(s) be found guilty of research misconduct of a clear, serious, and substantial nature, he/she/they may be considered unfit to continue as members of the Appalachian faculty or, in the case of graduate students, of the Graduate School. Respondents who are faculty will be notified by registered mail (receipt requested) by the Chancellor or his delegate. Respondents who are graduate students will be notified in similar manner by the VPR. Relevant federal agencies, sponsors, collaborators, and editors of journals will be promptly notified of the University's findings. <br />
<br />
4.3.5.2 Respondents found guilty of research misconduct of a less clear, serious, or substantial nature may receive sanctions ranging from letters of reprimand from the Provost to probation or permanent removal from the research project involved. Findings of scientific misconduct may also warrant the removal of the-faculty respondent from graduate advisory committees or other research supervisory roles.<br />
<br />
==== Appeal ====<br />
<br />
4.3.6.1 Respondents may appeal the findings of the University. Respondents have a maximum of ten days after receiving notice of the findings to file a written appeal to the VPR. An appeal of the findings may be based on the evidence presented during the investigative hearings or on a failure of the committee to follow established procedures, in keeping with University policy. New evidence discovered may warrant a new investigation. Sanctions resulting from the findings may also be appealed if the respondent(s) has(ve) reason to believe that the disciplinary penalties are excessive or inappropriate. Respondents who are tenured faculty, and who have been notified by the Chancellor or his/her delegate of the University's intent to discharge them, are provided due process under Section 603 of the "Code" of the University of North Carolina.<br />
<br />
== Additional References ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Authority ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Contact Information ==<br />
<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermghttps://policy.appstate.edu/index.php?title=Research_Misconduct&diff=12414Research Misconduct2022-08-29T21:16:11Z<p>Blockermg: /* Appeal */</p>
<hr />
<div>Policy 211<br />
== Introduction ==<br />
1.1 Persons involved in academic research must guard the truth and protect the public trust that research in an academic environment has long held. Activities which interfere with an honest search for the truth cannot be tolerated in a university setting. All effort must be made to maintain an open and honest search for truth through continual commitment by faculty, staff, and students to scrupulous honesty and integrity in research.<br />
<br />
== Scope ==<br />
2.1 This policy applies to all Appalachian State University faculty, staff, students, vendors, and visitors who access Institutional Data. This policy is not meant to address the release of Institutional Data under public records laws or other legal requirements, such as in response to subpoenas or court orders.<br />
<br />
== Definitions ==<br />
<br />
3.1 '''Research Misconduct''' - plagiarism, falsification, fabrication of data, or other forms of deliberate misrepresentation. It does not include honest error or honest differences in interpretations or judgments of data.<br />
<br />
== Policy and Procedure Statements ==<br />
<br />
All persons involved in research and scholarship must guard the truth, uphold the highest standards in their research and scholarship, and protect the public trust that the academic environment has long held. Whenever any Appalachian faculty member, graduate student, or other research employee is accused of misconduct in scientific or scholarly research, the University will conduct an inquiry, make a determination concerning the truth or falsity of the allegations, and take appropriate corrective and/or disciplinary action. This process will be expeditious and protect the rights of all those concerned, including the complainant and the accused<br />
<br />
=== Initiation of Inquiry ===<br />
<br />
==== Allegations of research misconduct involving faculty members, graduate students, or staff should be directed to the Vice Provost for Research (“VPR”). The VPR will confidentially counsel any individual who comes forward with an allegation of research misconduct since some concerns or allegations may not fall within the scope of policies and procedures developed to address research misconduct. If the VPR determines that the concern is properly addressed through policies and procedures designed to deal with misconduct in research, these procedures should be discussed with the individual questioning the integrity of a research project. If the individual chooses not to make a formal allegation, but the VPR believes there is sufficient cause to warrant the inquiry, the matter should be pursued without a complainant and the VPR should so inform the Provost. ====<br />
<br />
==== When the subject of the inquiry is a graduate student, the case will be reviewed by the VPR, and the policies and procedures prescribed if the Appalachian State University Code of Academic Integrity for students will apply in the resolution of pending charges. Should the subject of the inquiry be faculty or other staff members, the VPR in consultation with the Provost will determine whether an inquiry is warranted. ====<br />
<br />
=== Inquiry ===<br />
<br />
4.2.1. '''Involvement of Faculty or Other Staff Member'''<br />
<br />
4.2.1.1 If the inquiry involves a faculty or other staff member, the VPR will appoint an ad hoc Inquiry Committee consisting of three tenured faculty members, two from the college in question and one from another college of the university. In selecting the members of the committee, potential conflicts of interest must be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations should be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. <br />
<br />
4.2.1.2 The respondent and complainant will be notified of the charges and process. The inquiry phase must be complete within 30 days or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date. <br />
<br />
4.2.2 '''Confidentiality'''<br />
<br />
4.2.2.1 During the inquiry, confidentiality will be maintained to protect the rights of all parties involved. VPR will assume responsibility for disseminating information relevant to the inquiry to the appropriate individuals. This will be in writing with copies filed in the office of the Provost.<br />
<br />
4.2.3 '''Completion of Inquiry''' <br />
<br />
4.2.3.1 Completion of the inquiry is marked by the determination of whether or not an investigation is warranted. There will be written documentation to summarize the process and state the conclusion of the inquiry. The respondent will be informed whether or not there will be further investigation and, if there is a complainant, he or she will also be informed.<br />
<br />
4.2.4 '''Required Investigation'''<br />
<br />
4.2.4.1 Allegations found to require investigation will be forwarded promptly to the investigative body; if federal funding is involved, federal regulations require that the agency sponsoring the research be notified at this point.<br />
<br />
4.2.5 '''Unsupported Allegations(s)'''<br />
<br />
4.2.5.1 If an allegation is found to be unsupported but has been submitted in good faith, no further formal action, other than informing all involved parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to protect the parties involved. If confidentiality is breached, the institution will take steps to minimize the damage to reputations that may result from inaccurate reports. Allegations that have not been brought in good faith will lead to disciplinary action.<br />
<br />
4.2.6 '''Protection from Retaliation'''<br />
<br />
4.2.6.1 The institution will seek to protect the complainant against retaliation; individuals engaging in acts of retaliation will be disciplined.<br />
<br />
=== Investigation ===<br />
<br />
==== Purpose ====<br />
<br />
4.3.1.1 An investigation will be initiated when an inquiry concludes that such is warranted. The purpose is to further explore the allegations and determine whether misconduct has been committed and, if so, the degree of its seriousness. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed when significant new directions of investigation are undertaken. The investigation will focus on accusations of research misconduct as defined previously and examined the factual materials of each case.<br />
<br />
==== Structure ====<br />
<br />
4.3.2.1 To carry out the investigation, the VPR will form an Investigative Committee by expanding the Inquiry Committee to include two additional tenured faculty and at least one representative from outside the university. In selecting the members of the committee, conflicts of interest must again be examined scrupulously and any relationship with parties to the matter must be fully disclosed. Those inquiring into the allegations will be selected in full awareness of the closeness of their professional or personal affiliation with the complainant or the respondent. It is also important that the <br />
committee have appropriate expertise to assure a sound knowledge base from which to work.<br />
<br />
==== Process ====<br />
<br />
4.3.3.1. Upon receipt of inquiry findings that an investigation is warranted, VPR will initiate an investigation promptly, and the complainant and respondent will be notified of the investigation. In accordance with federal regulations, all agencies sponsoring a research project in which misconduct is suspected will be notified immediately upon the decision to undertake an investigation. All involved parties will be interviewed and are obligated to cooperate with the proceedings in providing information relating to the case. All necessary information will be provided to the respondent in a timely manner to facilitate the preparation of a response. The respondent will have the opportunity to address the charges and evidence in detail. The respondent is not required to have legal counsel in the investigation, but may seek counsel if he or she so desires.<br />
<br />
4.3.3.2. If the nature of the allegations is such that there may be need to protect the health and safety of research subjects or the interests of students and colleagues, the VPR may take interim administrative action to restrict or suspend the activities of the respondent, but care should be taken to safeguard the rights of the respondent.<br />
<br />
4.3.3.3. Investigations normally will be completed within 60 days of initiation or else a report must be made to the VPR, the respondent, and the complainant, citing the reasons for delay and progress to date.<br />
<br />
==== Findings ====<br />
<br />
4.3.4.1 The findings of the investigative committee will be submitted in writing to VPR. The respondent will receive the full report of the investigation, as will the Dean of the respondent's college. When there is more than one respondent, each shall receive all those parts of the findings that are pertinent to his or her role. Respondents may comment in writing on the report and their comments will be made part of the record. All federal agencies, sponsors, or other entities initially informed of the investigation also must be notified promptly. Appalachian will retain the findings of the investigation in a confidential and secure file.<br />
<br />
4.3.4.2 Investigations into allegations of research misconduct may result in various outcomes including 1) a finding of clear, serious, and substantial research misconduct; 2) a finding of research misconduct of a minor or questionable nature; 3) a finding that no culpable conduct was committed, but serious scientific errors were made; 4) a finding that no research misconduct or serious scientific error was committed. The judgment as to the degree of severity on the research misconduct will be solely that of the Investigative Committee. <br />
<br />
4.3.4.3 If an investigation has been launched on the basis of a complaint, and no research misconduct is found, no disciplinary measures will be taken against the complainant and every effort will be made to prevent retaliatory action against the complainant if the allegations, however incorrect, are found to have been made in good faith. If the allegations are found to have been maliciously motivated, disciplinary actions will be taken against those responsible.<br />
<br />
==== Disposition ====<br />
<br />
4.3.5.1 The VPR will inform the Chancellor, Provost, and Dean of the respondent’s college of the “Investigative Committee" findings. Should the respondent(s) be found guilty of research misconduct of a clear, serious, and substantial nature, he/she/they may be considered unfit to continue as members of the Appalachian faculty or, in the case of graduate students, of the Graduate School. Respondents who are faculty will be notified by registered mail (receipt requested) by the Chancellor or his delegate. Respondents who are graduate students will be notified in similar manner by the VPR. Relevant federal agencies, sponsors, collaborators, and editors of journals will be promptly notified of the University's findings. <br />
<br />
4.3.5.2 Respondents found guilty of research misconduct of a less clear, serious, or substantial nature may receive sanctions ranging from letters of reprimand from the Provost to probation or permanent removal from the research project involved. Findings of scientific misconduct may also warrant the removal of the-faculty respondent from graduate advisory committees or other research supervisory roles.<br />
<br />
==== Appeal ====<br />
<br />
4.3.6.1 Respondents may appeal the findings of the University. Respondents have a maximum of ten days after receiving notice of the findings to file a written appeal to the VPR. An appeal of the findings may be based on the evidence presented during the investigative hearings or on a failure of the committee to follow established procedures, in keeping with University policy. New evidence discovered may warrant a new investigation. Sanctions resulting from the findings may also be appealed if the respondent(s) has(ve) reason to believe that the disciplinary penalties are excessive or inappropriate. Respondents who are tenured faculty, and who have been notified by the Chancellor or his/her delegate of the University's intent to discharge them, are provided due process under Section 603 of the "Code" of the University of North Carolina.<br />
<br />
== Additional References ==<br />
<br />
== Authority ==<br />
<br />
42 U.S.C. 289b; 42 CFR Part 93<br />
<br />
== Contact Information ==<br />
<br />
<br />
== Original Effective Date ==<br />
<br />
== Revision Dates ==<br />
<br />
[[Category:Contents]]<br />
[[Category:Academic Affairs]]</div>Blockermg