The Student Code of Conduct
(Cited from the Student Handbook)
The Code of Conduct applies to behavior that takes place on campus, off campus at college-sponsored events, and may also apply generally off-campus, when the administration determines that the off-campus conduct affects a substantial college interest.
The Code of Conduct defines a “substantial college interest” as:
o Any action that constitutes a criminal offense as defined by North Carolina law.
+ Violations of local, state or federal law committed in Buncombe County
+ According to LectLaw.com, a criminal offense is any felony; any crime of violence; or any crime of reckless driving or of driving while intoxicated or under the influence if such a crime involves personal injury to another.
o Any situation where it appears that the student may present a danger or threat to the health or safety of him/herself or others.
o Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder.
o Any situation that is detrimental to the educational interests of the college.
Violations of Law: Drug Related Behavior
When a student is accused arrested or indicted for a violent or drug-related off-campus crime, the college may elect to take action against that student for violation of the code of conduct, which incorporates violation of local, state and federal laws as code infractions.
E-mail harassment and similar online behavior is subject to college conduct action. Blogs, webpages, myspace pages, Facebook posts and similar online material are in the public sphere. Posts on these services can subject a student to allegations of conduct violations.
Policies Regarding Student Conduct
The college reserves the right to broaden or lessen any range of recommended sanctions in the case of mitigating or aggravating circumstances.
o A written warning: serves as a reminder regarding the policy and will be considered in future violations.
o Alcohol/drug intervention: may include completion of an online educational program to prompt reflection on substance use issues, participation in campus programs, or meeting with a counselor to examine personal choices around substance use.
o Restriction of privileges: may include inability to participate in campus activities or inability to visit certain areas on campus.
Alcohol Possession and Use
Consumption and the possession of open containers of alcohol are not permitted in public areas except in cases where an authorized event allows it. Common source containers of alcohol (kegs, beer balls, etc.) empty or full are permitted on campus only when approved by a college official through the event registration process and they are never permitted in residence halls, even if empty.
Any use of alcohol that is associated with behavior that is disruptive to the community will be considered a more serious violation of the alcohol policy. Disruption includes requiring assistance from others due to excessive intoxication or behavior which is disruptive to the peace through noise or other nuisance behavior.
Responses from Deb Myers and Terry Payne
Q1. What do you define as a possible danger or threat?
Myers: Any situation where an individual could be physically or mentally/emotionally harmed could be considered a danger or threat.
Payne: Examples of danger to self would include, but not limited to, alcohol poisoning, overdose of drugs. Examples of danger or threat to others would include, but limited to, verbal or physical threats or abuse.
Q2. What situations might this include?
M: Again, this is a wide range and broad. For example: behavior that disrupts the surrounding community or harassment towards students, employees or other individuals off campus.
P: Examples would include, but not limited to, violation of quite hours or a riot, damage to someone’s personal property.
Q3. What might be deemed detrimental to this interest of the college?
M: Activities that reflect negatively on the college could be included in this area. This, too, has a wide range.
P: Examples would include, but not limited to, a disturbance in or around a classroom setting.
Q4. As a Public Safety official, what are the boundaries for searching someone’s
room during a Fire Drill? How much time does an officer spend in a room during a check?
P: By North Carolina State Law when a fire alarm sounds in a dorm everyone must exit the building. To insure that state law is being met a Public Safety officer along with an AC, RD, or RA will go to each room. When inside we will check to be sure the room is empty and look for fire code violations. The officers will be in the room long enough to log the violations or issue a community violation form.
NC State Law Regarding Alcohol
(NC General Statutes, Chapter 18B)
It is illegal for anyone less than 21 years of age to:
o Possess Alcohol
o Purchase or attempt to purchase alcohol
o Use or attempt to use, in order to obtain alcohol beverages when not of lawful age, a fraudulent or altered driver’s license; or a fraudulent or altered identification document other then a driver’s license; or a driver’s license issued to another person; or an identification document other then driver’s license issued to another person
It is illegal for anyone (regardless of age) to:
o Aid and abet an underage person in the sale, purchase, and/or possession of alcohol
The college prohibits the possession, use, manufacture, sale or delivery of controlled substances on campus. For all controlled substances refer to Schedules I through V of the Federal Controlled Substance Act.
Possession of drug paraphernalia is also prohibited on campus. This includes any item typically used to facilitate the use of a controlled substance.
Typical Sanctions for Marijuana Violations
Level 1: 1st use/possession of paraphernalia
o Warning and review of policy
o Drug intervention
o Failure to complete sanctions = $50 fine, possible suspension
Level 2: 2nd use/possession of paraphernalia or use and/or possession associated with disruptive behavior
o Conduct probation
o Off-campus assessment (student responsible for transportation to and from)
o Possible restrictions on housing and campus access or activities
o Failure to complete= $75, possible suspension
Level 3: 3rd use/possession of paraphernalia, or 2nd use/possession with disruptive behavior
o Off-campus treatment (necessary to return from suspension)
o Restricted access to campus
Level 4: Manufacture, sale or delivery of marijuana
o Loss of college housing, suspension or expulsion
The Housing Contract
Warren Wilson believes that the residence halls should be environments that support learning, build community, respect diversity and encourage responsibility. Living in a residence hall is a privilege. This privilege may be lost through conduct action if it is necessary to protect the rights and privileges of others. Violations of good judgment and concern for others, which may not be explicitly stated, may also be cause for loss of housing privileges. All residence halls are smoke free and smoking is only permitted in designated areas on campus.
Alcohol and Controlled Substances
Consumption or possession of alcohol by students under the age of 21 is not permitted. Consumption and possession of open containers of alcohol is not permitted on campus EXCEPT in student rooms, and in designated areas when an approved event has been scheduled. This includes common areas, kitchens and porches of all residence halls. Students who choose to drink are responsible for their own behavior and any illegal or use of alcohol that is associated with behavior that is disruptive to the community will be considered a violation and could result in housing restrictions, re-assignment, probation or suspension.
Controlled substances include all of those listed on Schedules I through V of the Federal Controlled Substances Act, and include but are not limited to: marijuana, hallucinogens, opiates, barbiturates, and amphetamines. This also includes prescription medication being used in a manner not consistent with the prescription or by someone other than prescribed.
Terms of Privacy
The College respects the privacy of students living in its residence halls but reserves the right to enter and/or search rooms, suites or other locales designated as common areas, if there is reason to believe that someone is seriously ill, injured or in danger, that College property is being damaged, that maintenance or repairs are necessary, or that College policies, or State or Federal laws are being violated. Health and safety inspections are conducted at least once per semester, and can be held more frequently if necessary. These will be announced 24 hours in advance. Rooms may also be entered during breaks to conduct damage assessments and to prepare for the MFA residency.
When a fire alarm sounds, everyone must immediately evacuate the building and remain outside until permission is given to reenter. Violations of these and other fire safety practices which are outlined in the Student Handbook could result in fines and loss of housing privileges.
Lack of Cooperation with a College Official
All students are required to present identification to a college official on campus when it is requested.
Failure to comply with a reasonable request of public safety officer or a member of the staff, including RAs and RDs could result in an incident report being filed and conduct action being taken.
Presenting false statements (including false identification) to a public safety officer requesting information or investigating a situation or to a staff member or board in a conduct hearing is against college policy and may result in a sanction.