Paul C. Perrine, Dean of Students, Ext. 3800
Dorothy Clark, Administrative Assistant, Ext. 3800
As our mission statement describes, Warren Wilson College is a community. In practical terms, “community" means that we depend on everyone’s consistent use of good judgment and concern for the rights of others. Community requires us to act with honesty, civility, empathy and integrity. Some actions infringe on the rights of others or directly undermine the kind of community WWC strives to be and those behaviors are prohibited by our college policies. All members of our community are also expected to follow local, state and federal laws.
Community demands that we each take responsibility for our own behavior and the behavior of those around us. If someone does something that you believe is wrong or inappropriate, we suggest that you talk to him or her about it if possible. Explain how such behavior affects you and others and suggest alternatives. If that is not effective and/or the behavior creates a dangerous, threatening or uncomfortable environment for you, the student involved or others, then report the behavior to a staff member such as an RA, RD, or AC, a staff member, the Dean of Students, or a Public Safety officer so that an intervention can take place.
The Warren Wilson College conduct process has three tracks depending on the type of violation:
1. Administrative Hearing Process (Refer to 6.2.1)
2. The Conduct Board Hearing Process (Refer to 6.2.2)
3. Sexual Misconduct, Interpersonal and Gender Violence Hearing Process (Refer to 6.6.0)
Most students choose to attend Warren Wilson College for the invaluable community experience that makes our institution unique. For this reason, we have expectations that our students respect and hold themselves responsible for following campus policies and state/federal laws. The conduct process is meant to facilitate a deeper understanding of community and responsibility for personal freedom. Any visitor, community member, or student may submit an information report to Public Safety, Student Life administration, or the Residence Life staff. Each incident that is documented is referred to as a “case”.
This is the process that will be used to resolve most of the reported policy violations. Using a one-on-one meeting structure that focuses on the student as a community member and individual, the conduct experience can and should be an educational experience for the student. Residence Life professional staff members take part in the conduct process as hearing officers. They are assigned case files and will contact the individuals involved via email with the time, date and place of the conduct meeting and the alleged policy violations.
A conduct meeting includes the following elements:
If a student fails to attend their conduct meeting, the hearing officer may decide to reschedule the meeting or hold the meeting in the student’s absence. Failure to attend a conduct meeting may be taken into account in the final decision of the hearing officer.
To appeal a the outcome of a conduct case, the student must submit, in writing, a statement of appeal to the hearing officer’s direct supervisor within 48 hours of the outcome letter being sent to the student. Area Coordinators are directly supervised by the Director of Residence Life and the Director of Residence Life is directly supervised by the Dean of Students. A student may appeal the hearing officer’s decision under the following parameters:
Decisions of the Dean of Students are final. The College reserves the right, in its sole discretion, to take immediate conduct action prior to a hearing, when it is believed there is a threat of personal injury or property damage.
The purpose of the Conduct Board is to allow students an opportunity to restore their relationship with the community after they have violated a policy. Cases will be referred to the Conduct Board by the Area Coordinator-Conduct Coordinator, who will also advise the Conduct Board. Typically, cases of community damage, violations against the community or incidents that require restorative measures to the community will be referred to the Conduct Board.
The Conduct Board is comprised of 5-12 students and at least 2 staff/faculty members. The students on Conduct Board must be in good academic and conduct standing. Students will be appointed to serve on the Conduct Board for no less than a semester, while staff/faculty members will be appointed for a 2-3 year term.
The Area Coordinator-Conduct Coordinator contacts the board members to schedule a hearing and eliminate any potential bias in the hearing. The involved student(s) will be notified at least three days in advance of the date of the hearing. The involved student(s) will be told the date, time, location of the hearing, the conduct board members who will be hearing the case, the information report and information on hearing procedures and student rights. If the involved student(s) believe there is bias by the board members who will be present at the hearing, they may request that board member to be removed. They must submit, in writing and with detail, a request to the Area Coordinator-Conduct Coordinator no later than 48 hours before the hearing. The decision to remove the board member will be at the discretion of the Area Coordinator-Conduct Coordinator.
Rights of the alleged violator:
An appeal can be submitted in writing to the Dean of Students within 48 hours of receiving the Conduct Board Hearing’s outcome. Both the violator and the victim have the right to appeal a Conduct Board’s decision. An appeal can only be submitted for the following reasons:
The Dean of Students determines the validity of an appeal and can issue an adjusted ruling. The Dean’s decision is final.
The Student Code of Conduct and the student conduct process apply to the conduct of individual students and college-affiliated student organizations. Because the Student Code of Conduct is based on shared values, it sets a range of expectations for the Warren Wilson College student no matter where or when their conduct may take place.
Therefore, the Student Code of Conduct will apply to behaviors that take place on the 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. A substantial college interest is defined to include:
The Student Code of Conduct may be applied to conduct that takes place during the time a person is enrolled as a student, including during intra-semester breaks and between semesters. Further, the Student Code of Conduct applies to guests of community members, whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of Warren Wilson College are also protected by the Student Code of Conduct, and may initiate grievances for violations of the Student Code of Conduct committed by members of the Warren Wilson College community against them.
There is no time limit on reporting of violations of the Student Code of Conduct, as long as the offending student is still enrolled at Warren Wilson College. However, the longer someone waits to report an offense, the harder it becomes for Warren Wilson College to obtain information and witness statements, and to make a determination regarding alleged violations. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Student Life Office and/or Public Safety.
Violations of federal, state and local laws are incorporated as offenses under the Student Code of Conduct. When an offense occurs over which the College has jurisdiction, the College conduct process will usually go forward notwithstanding any criminal complaints that may arise from the same incident. Should a student withdraw from the College when criminal complaints are made, it is the typical practice of the College to pursue investigation and resolution of campus conduct matters, should the student return at a later date.
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.
When it has reasonable cause to separate a student from the community, the College may suspend a student for a reasonable time pending the scheduling of a campus hearing for a violation of the code of conduct. The College reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaints. The College will permit a student who receives an interim suspension to request a meeting with the Dean of Students to show cause for why an interim suspension is not merited. Regardless of the outcome of this meeting, the College may still proceed with the scheduling of a campus hearing.
When criminal complaints are pending, the College may be delayed or prevented from conducting its own investigation, and moving forward with a campus hearing.
In such cases, the College will delay its hearing until such time as it can conduct an internal investigation, or obtain from law enforcement sufficient information upon which to proceed.
This section outlines those actions that are considered contrary to acceptable conduct within our community. Each policy is described and where there is a typical sanction for a violation of the policy those are outlined as well. The College reserves the right to broaden or lessen any range of recommended sanctions in the case of mitigating or aggravating circumstances.
Warren Wilson College is committed to maintaining a positive learning environment promoting student academic excellence and personal development. Various departments on campus have procedures allowing a student to work through disagreements on decisions made by members of a specific office that directly impact the student. The student should first seek an informal solution directly from the office or staff member in question.
If after informally seeking a solution to a problem, the student wishes to formally appeal a specific administrative or faculty decision he/she should contact the appropriate chief administrator responsible for that area and submit a typed and signed letter detailing the specific concern or grievance using the following procedure: To request an exception to an academic regulation, procedure, or deadline, please complete the Student Petition for Exception form available at the Office of the Registrar, Laursen Building, ext. 2086.
If a student believes that a grade has been reported incorrectly, the student should first consult the instructor to correct a possible error. In exceptional cases, the student may contest a grade record through a written appeal to the Vice President for Academic Affairs, Laursen, ext. 2083, whose decision in the matter will be final. Copies of all relevant information must accompany this written grade appeal: papers, tests, syllabi, etc. The deadline for contesting a grade is the end of the second week of the following term. In the case of a spring semester or term four course, the deadline for contesting a grade is the end of the second week of term one of the following year.
Students with a concern or complaint about their academic advisement, registration, or other academic issues, including an action based upon academic policy, procedures, or deadlines, should contact the Vice President for Academic Affairs, Laursen, ext. 2083. All other matters, except where specifically listed, refer to the Dean of Students.
To learn more about the student grievance policy and procedures with regard to sexual misconduct, interpersonal and gender violence, visit the section 6.6.0 The Sexual Misconduct, Interpersonal, and Gender Violence Policy.
Students with a general complaint pertaining to student policies, procedures, or student life personnel should provide a written statement outlining the nature of the complaint to the Dean of Students, Dodge House, ext. 3800.
Students who experience any form of sexual, racial, disability, or other harassment by their current or past work supervisor must report such incidents to the Dean of Work, Log Cabin, ext 3019. For any incident involving an employee of the College, the Dean of Work will refer such incidents to the College’s Director of Human Resources for appropriate action under the College’s anti harassment policy and procedures for employees. Student complaints concerning sexual, racial, disability, and other harassment by an employee should be filed with the Director of Human Resources, Ogg, ext. 2048. When the complaint of harassment is by one student against another student the complaint should be filed with the Dean of Students, Dodge House, ext. 3800. Students with concerns or complaints pertaining to Admissions should contact the Dean of Admission, Orr Cottage, ext, 2073.
Students with concerns or complaints pertaining to Financial Aid or any other area reporting to the VP for Business and Finance should contact the Vice President for Business and Finance, Ogg, ext. 2056.
Students with concerns or complaints about any of the chief administrators should contact the President, Ogg, ext. 2070.
In every instance the appropriate individual will investigate the complaint, seek an equitable solution, and report back to the student in a timely manner. Letters of complaint will be kept for a period of ten years in the Chief Administrators’ offices and be available to accrediting agencies.
(in alphabetical order)
Consumption and possession of alcohol by students under the age of 21 is not permitted.
Consumption and the possession of open containers of alcohol are not permitted in public areas except in cases where an authorized event allows it. Public areas where alcohol is not permitted include athletic events, outdoor spaces such as fields and the pond, residence hall patios, hallways, porches and courtyards. 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.
Students who choose to use alcohol are responsible for their own behavior and 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 can include requiring assistance from others due to excessive intoxication or behavior which is disruptive through noise or other nuisance behavior. Any behavior connected with the use of alcohol which compromises the safety of self or others through violence, harassment or the use of a vehicle under the influence will be seen as the most serious alcohol policy violation. The sale of alcohol to others without a license is prohibited. Students may not give or sell alcohol to someone who is already intoxicated or who is under 21.
Anyone under the age of 21 may not brew or attempt to brew, or possess brewing equipment with the intent of brewing alcoholic beverages.
6.5.1-1 Typical Sanctions for Alcohol Violations: All sanctions listed under specific levels are considered typical, but the staff members assigning sanctions may use their discretion to select an appropriate combination of sanctions depending on individual circumstances.
Level 1: First underage alcohol possession or consumption, possession of alcohol in a public place.
Sanction: Review of policy, written warning, and alcohol intervention and/or campus engagement. Failure to complete sanctions = $50 fine and conduct probation until completion of sanctions.
Level 2: Second underage or public possession violation or 1st alcohol violation associated with disruptive behavior, distribution of alcohol to underage or intoxicated individuals.
Sanction: Campus engagement, alcohol intervention and/or housing restriction.
Level 3: Third underage or public possession alcohol violation or 2nd alcohol with disruptive behavior or distribution of alcohol to underage or intoxicated individuals or 1st instance of driving on campus under the influence of alcohol.
Sanction: Housing restriction, conduct probation, mandatory off campus assessment and/or restrictions on housing and campus access or activities.
Level 4: Fourth underage or public possession alcohol violation, 3rd alcohol with disruptive behavior violation or 2nd driving under the influence.
Sanction: Loss of housing or suspension, mandatory off-campus assessment and treatment in order to make an application for readmission or return to college housing and/or restricted access to campus.
6.5.1-2 Campus Regulations and Practices Related to Alcohol: Alcohol is not permitted at official work crew functions. College funds may never be used to purchase alcohol for student events. All on campus events or socials where students and alcohol will be present need to be registered and an event contract must be filed. For all events in public areas or private socials in suites or rooms within a residence hall where alcohol will be present, the students planning the event will work with and submit the event contract to the Area Coordinator-Health Educator.
6.5.1-3 North Carolina State Law Regarding Alcohol: For complete information regarding North Carolina state laws governing alcohol, consult North Carolina General Statutes, Chapter 18B. Some highlights are excerpted below. It is illegal for anyone less than 21 years of age to:
Penalty - a misdemeanor that will become a matter of public record as a criminal conviction and subject one to court costs and/or fines and/or community service.
Purchase or Attempt to Purchase Alcohol
Penalty - a misdemeanor resulting in court costs and/or a fine and/or community service and, upon conviction, the Department of Motor Vehicles (DMV) will revoke the defendant’s drivers license for one (1) year.
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 than a driver’s license; or a driver’s license issued to a another person; or an identification document other than a driver’s license issued to another person.
Penalty- a misdemeanor resulting in court costs and/or fine and the DMV will revoke the defendant’s driver’s license for one (1) year.
It is illegal for anyone (regardless of age) to:
Aid and Abet
An underage person in the sale, purchase, and/or possession of alcohol (including B giving alcohol)
Penalty - This offense will be a misdemeanor punishable by a fine of up to $500 or imprisonment for not more than six (6) months or both, and if the defendant is underage, upon conviction, the DMV will revoke the defendant’s driver’s license for one (1) year. Sale of Alcohol means any transfer, trade, exchange or barter, in any manner or by any means for consideration of alcohol (e.g., cover complaints, t-shirt sales), etc.
In recognition of how sound travels and in respect to our community, loud and/or amplified music and drumming are not permitted in residence halls, and permitted only in residential areas during daylight hours and with special permission at college sponsored events with and event contract.
Drumming and music are permitted until 9:00 pm at the chapel, soccer fields, outside Gladfelter, the garden and pond. They are also permitted on Dogwood (but not on the path by the staff houses or on the cement pad), at Bryson when the door is closed, in Gladfelter after 7 p.m. when other events are not scheduled in the building, and in classroom buildings after 5 p.m. with the permission of the building manager. Exceptions to the policy may be made for College sponsored events with permission from the Director of Student Activities.
The well-being of the teaching and learning community at Warren Wilson College depends upon the existence of trust, respect, and fairness among its members. Amorous consensual relations between (1) either an employee, volunteer, or contracting party, and (2) any current undergraduate student can undermine the educational mission of the College by increasing the risk of sexual harassment, exploitation, predatory behavior, favoritism, bias, conflicts of interest, dis-empowerment, and low morale. The following policy is intended to help protect the academic and institutional integrity of the College and its constituents—especially its students—by reducing the potential for the problems listed above either from occurring or from being perceived to be occurring. It is not intended to discourage interaction between and among members of the community when it is appropriate and ethical.
Amorous Consensual Relationships between (1) either an employee (faculty and staff), volunteer, or contracted party and (2) any current undergraduate student is prohibited by the College. An “amorous consensual relationship” is a romantic or physically intimate relationship. Suspected violations of this policy should be reported to the Human Resources Director, or to a member of the President’s Advisory Council who can report the violation to the Human Resources Director. Faculty and staff are advised to report violations of this policy. Supervisors of faculty and staff who are aware of violations of this policy by individuals they supervise are obligated to report the violation, or the supervisor may be subject to disciplinary action for failing to do so.
This policy applies to Resident Directors (RDs) who are not students. However, the following variation of this policy applies to Resident Directors who are students: each student RD is prohibited from having amorous consensual relationships with Resident Assistants he/she supervises and with students living in his/her residence hall. This policy does not apply to relationships between Resident Directors (RDs and their spouses or qualified domestic partners.)
Undergraduate students who are qualified domestic partners or spouses of current faculty, staff, or volunteers are exempt from this policy providing the relationship is solely with the qualified domestic partner or spouse.
This statement on Amorous Consensual Relationships does not, in any way, detract from, alter, or amend section 6.6.0 The Sexual Misconduct, Interpersonal, and Gender Violence Policy., which continues in full force and effect.
The Human Resources Director, in conjunction with the Dean of Students, will contact the student and the accused regarding the allegation. The parties will be advised that a consensual relationship between (1) either an employee (faculty and staff), volunteer, or contracted party and (2) any current undergraduate student is a violation of college policy. Then the parties will be informed that a complaint has been made against them. Both the student and the accused will be given the opportunity to respond. (The student and the accused do not have to be addressed at the same time.) If both the student and the accused deny the allegation, the investigation will cease unless additional credible information is brought forth.
However if the Dean of Students and Human Resources Director find through their investigation that the policy has been violated, the appropriate Administrative Officer and the President will be notified. Together they (President, Administrative Officer, Dean of Students and Human Resources Director) will resolve the situation to the best of their abilities, such that the employee discontinues the relationship immediately or such that the employee (faculty and staff, or volunteer) leaves the College or such that the contracted party discontinues work for the College. When appropriate, allegations will be handled according to the College’s Sexual Harassment Policy and/or the Grievance Procedure. A letter documenting the allegations and the conversation will be written by the Human Resources Director and placed in the appropriate personnel file(s).
All parties involved in the case are to cooperate fully with any investigation and to maintain the strictest confidence throughout the administrative process. A breach of confidentiality or a failure to cooperate in any investigation shall be grounds for disciplinary action.
The College will seek to maintain confidentiality in carrying out the terms of this policy. In addition, the college condemns retaliation against any person who, acting in good faith, makes a complaint under this policy. Members of the College community who make false and malicious complaints under this policy, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action.
In accordance with North Carolina laws, the college prohibits the possession, use, manufacture, sale or delivery of controlled substances on campus. Controlled substances include all of those listed on Schedules I through V of the Federal Controlled Substances Act. Examples of controlled substances 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 the person for whom the prescription was written.
Possession of drug paraphernalia is also prohibited on campus. This includes any item typically used to facilitate the use of a cont, rolled substance.
The sale or delivery of a controlled substance is considered a serious drug policy violation. Sale is defined as the exchange of a controlled substance for money, services or other item of value. Delivery is defined as obtaining a controlled substance in one location, either on or off campus, and delivering it to a person(s) in another location.
6.5.4-1 Typical Sanctions for Marijuana Violations: All sanctions listed under specific levels are considered typical, but the staff member assigning sanctions may use their discretion to select an appropriate combination of sanctions depending on individual circumstances.
Level 1: First use or possession of controlled substance, related paraphernalia and/or unauthorized use of prescription medication.
Sanction: Review of policy, mandatory on campus drug intervention, campus engagement and/or housing restriction.
Level 2: Second use or possession of controlled substance, related paraphernalia, use and/or possession associated with disruptive behavior and/or unauthorized use or prescription medication.
Sanction: Campus engagement, mandatory off campus assessment, housing restriction, conduct probation and/or possible restrictions on housing and campus access or activities.
Level 3: Third use or possession of controlled substance, related paraphernalia, 2nd associated with disruptive behavior and/or unauthorized use of prescription medication.
Sanction: Suspension, Mandatory off campus treatment to return. Restricted access to campus.
Level 4: Manufacture, sale or delivery of marijuana.
Sanction: Loss of college housing, suspension or expulsion.
6.5.4-2 Campus Practices Related to Controlled Substances: Warren Wilson cannot legally be a sanctuary from law enforcement agencies, arrests or searches under search warrants. In instances of investigations of delivery and/or sale of controlled substances, members of the College community will be asked to cooperate. Warren Wilson college officials reserve the right to contact and receive assistance from law enforcement authorities in instances where controlled substances are involved.
6.5.4-3 North Carolina State Law Regarding Controlled Substances: North Carolina state law prohibits the manufacture, sale, delivery, possession, or use of a controlled substance without legal authorization. A controlled substance includes any drug, substance or immediate precursor covered under the North Carolina Controlled Substances Act, including but not limited to opiates, barbiturates, amphetamines, marijuana, and hallucinogens. The possession of drug paraphernalia is also prohibited under North Carolina state law and College policy.
Drug paraphernalia includes all equipment, products and material of any kind that are used to facilitate, or intended or designed to facilitate, violations of the North Carolina Controlled Substances Act.
6.5.4-4 Drug Convictions and Federal Student Aid: A person who has been convicted (as an adult) for possession of illegal drugs is ineligible for federal aid for one year for a first offense, two years for a second offense, and indefinitely for a third offense. A person who has been convicted for the sale of illegal drugs is ineligible for federal aid for two years for a first offense and indefinitely for a second offense.
To regain eligibility you must complete a drug rehabilitation program that meets the standards set by Congress and the Department of Education. For more information, call 1-800-FED-AID.
6.5.4-5 Statistics: Campus statistical reporting, based on the Clery Act, on Criminal Offenses, Hate Crimes, Arrests, Disciplinary Actions, and Fire Statistics can be found in the Center for Gender and Relationships website.
In a community it is important to respect the property in common areas and the belongings of others. Damaging, defacing, abusing or destroying the property of another, including the College, is strictly prohibited. This includes graffiti.
6.5.5-1 Typical Sanction: Restitution is typically assigned where a student is found responsible for damage or destruction to the property of another. Depending on the circumstances other conduct actions may also be taken that may range from a warning to suspension.
It is against college policy for students to engage in behavior that prevents the normal functioning of the College or significantly interferes with the rights of others to engage in the academic, work or service programs of the College.
In cases where an event registration has been filed for an event, failure to follow the guidelines outlined in that contract will be considered a violation of college policy.
6.5.7-1 Typical Sanction: For events in residence halls where the terms of the contract are violated, the student may be relocated to another living area and may not be permitted to live in an independent living area for a period of time. In all cases the student(s) will not be permitted to file event registrations in the future. Additional sanctions may include a range from warning to housing suspension.
The creation, distribution and/or use of false or fraudulent documents including IDs and parking permits is prohibited.
6.5.8-1 Typical Sanction: Creation and/or distribution of false documents will result in conduct probation or suspension. Use of a fraudulent document will have a range of sanctions from warning and fine to suspension.
All open fires on College property must be approved in advance by the Director of Public Safety in order to assure compliance with campus and local fire regulations, including periodic burn restrictions issued by the fire service. This includes fire rings at the pond, in Sage Circle the Village and campfires on college fields. Having a fire without prior permission may be considered a violation of the fire safety policy. Fires that are present without permission from public safety will usually be extinguished upon discovery. When using grills on campus students should make sure that a burn ban is not in effect by checking the postings regarding fire conditions in Gladfelter, the Public Safety Office or the Student Life Office.
6.5.9-3 Fire for Dramatic Effect and Special Open Flame: Open flame used for dramatic effect includes candles, incense, oil lamps, tiki torches and any similar devices. The chapel and associated buildings on campus are the only buildings that may use candles and incense without permission. Open flames are never permitted within a residence hall.
6.5.9-4 Fire Related Permits: For safety reasons and according to North Carolina state law certain open flame activities require a permit from the Campus Fire Marshal. These permits are obtained by contacting Public Safety.
6.5.9-5 Requirements: For any special open flames, a completed permit request must be filed a minimum of four (4) business days (Monday through Friday excluding holidays) before the date of the event. In order to obtain this permit the person filing the permit request must meet the following requirements:
6.5.9-6 Special Events and Open Flame - Performance Fire: Any open flame that is not being used for heat, cooking, or light is considered performance fire. (Bonfires and campfires are not performance fires.) Performance fire includes but is not limited to fire spinning, fire dancing, and fire for dramatic effect (including pyrotechnics).
6.5.9-6-1 Requirements: For any performance fire, a completed permit request must be filed a minimum of four (4) business days (Monday through Friday excluding holidays) before the date of the event. In order to obtain this permit the person filing the permit request must meet the following requirements:
The following will result in permit revocation and constitute a violation of college fire safety policy:
6.5.9-7 Other Fire Safety Policies: Reporting a false alarm of fire or setting off a false alarm of fire by pulling an alarm is strictly prohibited and is against North Carolina law. Purposefully misusing any element of fire safety equipment including a fire extinguisher or smoke detector is against college policy. Students may not store flammable items, including fireworks and fuel, in a prohibited area such as a residence hall. Any violation of fire safety regulations outlined in residence hall policies, such as the use of candles, is considered a violation of the fire safety policies. When a fire alarm goes off in a campus building all occupants must evacuate and return only when permission to re-enter has been given by a fire safety official. Failure to evacuate will be considered a violation of the college fire safety policy.
Although certain fireworks are now legal in North Carolina, all fireworks are prohibited on campus.
Intentionally or recklessly causing a fire which damages college or personal property, or causes injury will result in conduct action.
6.5.9-8 Typical Sanction: Fire safety violations typically carry a fine which can range from $25 for more minor violations to $100 for more serious violations. In cases involving actions which endanger the safety of others, including tampering with fire safety equipment, conduct probation will be given in addition to the fine.
Use of fireworks on campus will result in conduct probation. Use of fireworks inside a building will result in loss of college housing.
All guests of students must have a student as a host and be accompanied by that host at all times. Any guest without a host may be asked to leave and escorted from the campus.
The College finds it unacceptable to engage in any action or course of actions aimed at a specific person or persons in order to threaten, harass or intimidate. This covers all verbal and written communication regardless of medium (telephone, electronic communication, etc.). Harassment prompted by bias, where a person is targeted in whole or in part because of the person’s perceived race, national origin, ancestry, gender, religion, age, disability, sexual orientation or gender identification is viewed as especially serious. Stalking behavior, defined as repetitive, menacing pursuit, following and/or interference is considered a violation of this policy.
To learn more about harassment and intimidation as relates to sexual misconduct, interpersonal and gender violence, visit the section 6.6.0 The Sexual Misconduct, Interpersonal, and Gender Violence Policy.
6.5.11-1 Typical Sanction: A range of sanctions is possible from mediation to suspension or expulsion depending on the nature of the harassment. Special reporting regarding harassment of a sexual nature is covered in the sexual harassment policy outlined later in this section.
Any violation of local, state or federal law or of our campus policies reported to local law enforcement agencies, campus security or staff that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias will be considered a “hate crime” and is an especially egregious violation of our community standards.
6.5.12-1 Typical Sanction: A range of sanctions is possible from intervention to suspension or expulsion depending on the nature and severity of the offense. Special reporting regarding hate crimes of a sexual nature is covered in the sexual harassment policy outlined in this section.
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 a Public Safety Officer or a member of the staff, including RA’s and RD’s, 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.
6.5.13-1 Typical Sanction: Often lack of cooperation is linked with another policy violation and may be considered cause for a more serious sanction related to the incident. Independently, lack of cooperation can result in a range of sanctions from a warning to probation.
The College uses several methods for communicating official information to students and other members of the community. This information may include policy or regulation changes, emergency procedures, academic information, announcements of important events or meetings, notification of conduct actions, or other correspondence from the College. For all students, campus mailboxes, Warren Wilson email accounts, text messages and voice alerts, and the Inside page will be used to communicate important information. Students are responsible for all information communicated through these media and therefore are encouraged to check them daily.
Many campus buildings, including Gladfelter and the Library, are always off-limits to pets. Pets may not be brought to work or to class by students. In accordance with Buncombe County law, dogs must be on a leash when they are on campus. They may not be tied unattended on porches or outside of campus buildings.
For the safety of the pet, animals should not be locked in cars or left unattended anywhere on campus (see Residential Life 5.0.0)
Physical abuse or violence of any kind, including assault, directed at another person will not be tolerated in our campus community.
To learn more about physical abuse or violence as relates to sexual misconduct, interpersonal and gender violence, visit the section 6.6.0 The Sexual Misconduct, Interpersonal, and Gender Violence Policy.
6.5.16-1 Typical Sanction: In situations where a student is found responsible of physical abuse, assault or violence toward another, the typical sanction will be suspension or expulsion. In situations where two or more students are involved in a physical altercation and all seem to share the responsibility, the circumstances will be considered in assigning sanctions.
Typically the College remains open even in the event of extreme weather. On such occasions some class meetings may be canceled or crew work altered if the professor or supervisor is unable to travel to campus. If your crew supervisor is not available, please report to the Work Program Office, bearing in mind that the crew may still need to function without a supervisor. Should the College need to close for whatever reason (e.g., prolonged loss of electricity) during severe weather; local broadcast media will air announcements to that effect. Even in those rare cases when classes are canceled, the college will need to continue other operations for the well being of residential students. And the best assumption in each case is that the college will be open and your classes/crews will meet as scheduled. The relatively flat Bee Tree Road “back way” often provides a good alternative route to campus in snowy or icy conditions.
It is considered against college policy to take or use college equipment or possessions without permission of the responsible party. It is also a violation of our community standards to use without permission or willfully take the property of another. This includes not only physical takings, but also embezzlement, fraud and the taking of academic work which is covered by the policy on academic honesty.
6.5.19-1 Background: The Surgeon General has found that tobacco use in any form, active or passive, is a significant health hazard. Second-hand smoke has been classified as a Class A carcinogen unsafe at any dose. In light of these health risks, Warren Wilson College joins the American College Health Association (ACHA) in encouraging campus-wide tobacco use policies. The ACHA and the U.S. Public Health Service have goals to reduce the percentage of adults who smoke to below 12% by the year 2010 and to positively influence college students to help them remain or become tobacco-free. Efforts to reach such goals have led to significant reductions in the amount of tobacco products consumed, the number of people who smoke and the number of people exposed to second-hand smoke.
6.5.19-2 Process: The policy on tobacco use and smoking was adopted through a process where a proposed policy was presented to the staff forum and the student caucus for approval. Because there were differences from the two bodies in the responses to the proposal a formal compromise committee with members representing students, faculty and staff was formed to develop an alternate proposal. This was then presented to the President and he has amended and approved the policy. There is a focus on education regarding campus guidelines on smoking and tobacco use.
6.5.19-3 Tobacco Use and Smoking Policy: Warren Wilson College, in its efforts to create a healthier atmosphere for the campus community, strives to control exposure to secondhand smoke. It emphasizes prevention and education efforts that support non-use and that address the risks of tobacco use.
6.5.19-4 Typical Sanction: A student who is documented violating the Tobacco Use and Smoking policy will be adjudicated by a Hearing Officer or by the Conduct Board.
Level 1: Written warning and/or $25-$100 fine
Level 2: $25-$100 fine, housing restriction and/or campus engagement
Level 3: $25-$100 fine, housing restriction, conduct probation and/or campus engagement
Unauthorized entry or presence in a college building that is not open for use is prohibited unless specific permission has been given by the responsible party.
Students are not permitted on the roof of any college building except for work purposes under the supervision of a work crew supervisor.
The use of college equipment, including vehicles, is allowed only with specific permission from the responsible college official. This includes computer files and electronic accounts.
Unauthorized possession, duplication or use of college keys is strictly against college policy.
Forgery, alteration or misuse of college documents, records or ID cards is also a violation of policy.
6.5.20-1 Typical Sanction: The sanctions could range from a warning to expulsion given the circumstances. Because of safety concerns, unauthorized use of the college pool will always result in conduct probation.
North Carolina law explicitly forbids possession of weapons on any property owned, used, or operated by an educational institution. College policy prohibits all weapons including guns, rifles, dynamite cartridge, bombs, grenades, mines, explosives (including fireworks), bullets, bowie knives, dirk, daggers, slingshots, switch-blade knives, blackjacks, metallic knuckles, or any other weapon of a like kind (fishing and hunting knives, BB guns, stun guns, martial arts weapons, bows and arrows) and any other knives not classified as a pocket or pen knife. This law means that weapons cannot be kept in a locked car.
6.5.21-1 Typical Sanction: The minimum sanction for possession of most types of weapons is conduct probation. Depending on the circumstances, possession of a weapon may also result in a loss of college housing. The typical sanction for possession of a firearm is suspension.
For situations where there is a risk of imminent or immediate danger due to situations related to Sexual Harassment, Sexual Misconduct, Intimate Partner Violence (Relationship Violence), Stalking and Gender Violence – call Public Safety at 828.230.4592 or call 911.
For advocacy, support and resources related to this policy, contact:
The Center for Gender and Relationships
Ext. 3799 – Crisis Hotline (Evenings and Weekends) 828-337-3264
Members of the Warren Wilson College community, guests and visitors have the right to be free from all forms of violence and abuse, including sexual and relationship violence, stalking, sexual harassment and hate crimes. These rights are established through College policy and federal laws and will be made known to the campus community through various educational programs designed to promote an awareness and prevention of sexual misconduct, interpersonal and gender violence. All members of the campus community, including guests and visitors, are expected to conduct themselves in a manner that does not infringe upon the rights of others. When allegations of misconduct are brought to the administration’s attention and a respondent is found to have violated this policy, sanctions will be used to reasonably ensure that such actions are never repeated.
The Sexual Misconduct, Interpersonal and Gender Violence Policy
This policy states the boundaries of acceptable behavior in our community and outlines the process by which violations of this policy can be reported.
For the purpose of this policy ‘interpersonal violence’ is broadly defined as sexual harassment, sexual misconduct, relationship violence, and stalking, including gender violence.
This policy provides members of the Warren Wilson College community, including guests and visitors, with the ability to file a report of interpersonal violence in a safe and respectful way, as well as the ability for students to respond to a report in a safe and respectful way. People who experience interpersonal violence have the right to decide whether or not to file an anonymous, informal or formal report, or no report at all. The policy that follows applies to situations in which interpersonal violence has been committed by a student. For information on interpersonal violence committed by staff, faculty or supervisors, see the section at the end of the policy entitled “Interpersonal Violence by a College Employee.”
If you would like to provide feedback regarding this policy, you can do so by contacting the Director of the Center for Gender and Relationships, the Dean of Students, or the Title IX Coordinator.
First and foremost; Warren Wilson College is committed to effective consent in all relationships. All members of the Warren Wilson community are expected to respect the bodily integrity of others. In order for individuals to engage in sexual activity of any type with each other, the people involved in the activity should know or reasonably know that effective consent has been given. Consent is sexual permission. Consent must be clear, knowing and voluntarily given prior to and during sexual activity. Consent can be given by word or action, although non-verbal consent is not as clear as talking about what you want sexually and what you don’t want. Silence--without actions demonstrating permission--cannot be assumed to show consent.
The best way to obtain consent is verbally. Discussing sexual activity with a person you want to have sex with and obtaining consent to engage in the same form of sexual activity will ensure that boundaries and desires are known.
However, consent to one form of sexual activity cannot be taken as consent to any other form of sexual activity. Prior consent to sexual activity does not mean future consent to sexual activity. Previous relationships cannot imply consent to future sexual acts. “No” always means “No” however “Yes” might not always mean “Yes” (for instance, when someone uses coercion to obtain a “yes” the situation is considered non-consensual).
As a guide to determine if consent can be given, the people involved need to be:
In order for consent to be effective, these are the minimal conditions that should be met:
A person cannot give consent if any of the following factors are present:
6.6.1-1 Consent, Alcohol, and Drugs: As stated above, a person is unable to give consent when incapacitated, whether by alcohol or other drugs. Providing alcohol or drugs to someone to get that person to consent to have sex with you is a violation of college policy. An individual initiating a sexual act will not be excused if that person is impaired due to the use of alcohol or other drugs and initiates an inappropriate act with someone, whether that means not listening to requests regarding limits on sexual activity, coercing, or physically forcing sexual activity on someone, the initiator is in violation of the policy.
These above listed offenses, as defined below, are violations of WWC policy and can be investigated, adjudicated and sanctioned, as appropriate.
Examples of sexual harassment include, but are not limited to, the following behaviors:
Sexual Harassment can be filed by a third party who feels impacted by harassment that someone else is experiencing. Retaliation or threatened retaliation to the reporting of harassment is also considered a violation of this policy.
Sexual contact includes: Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, even if not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
Intercourse includes: Vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
6.6.2-4 Sexual Exploitation: Sexual Exploitation (or attempted) occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
Additional Applicable Definitions
NOTE: There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
It is unacceptable for a person or persons to engage in any action or course of actions aimed at a specific person or persons that has the effect of threatening, harassing or intimidating. This covers all forms of communication including but not limited to verbal and written communication regardless of medium (telephone, electronic communication, etc.).
Harassment prompted by bias, where a person is targeted in whole or in part because of the person’s perceived race, national origin, ancestry, gender, religion, age, disability, sexual orientation or gender identification is viewed as especially serious.
As stated in section 6.5.13, any reported act of violence (whether that report is made to local law enforcement, campus security, faculty or staff) that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias will be considered a “hate crime” and is an especially egregious violation of our community standards. Any person found responsible for an act of violence that is defined as a “hate crime”, where a person was targeted based on gender or sexual orientation, could face the maximum possible sanctions for these violations. Furthermore, Warren Wilson College takes seriously acts of violence that target others based on gender identity.
Given the unique nature of intimate partner violence (IPV), Warren Wilson College developed the following policy to address the dynamics of abuse that can occur in relationships (IPV – sometimes referred to as dating violence, relationship violence, or domestic violence).
6.6.5-1 Intimate Partner Violence Behaviors: Intimate Partner Violence is a pattern of coercive behavior that one partner exerts over the other for the purpose of establishing and maintaining power and control. This type of violence does not require sexual intimacy. The term ‘partner’ for this policy will include: current or former partner(s); and will include persons who are married or living together as a couple to persons who are dating or who consider themselves a couple (individuals engaged in a primary romantic and/or sexual relationship with another) but have separate living arrangements.
IPV can vary in frequency and severity. It occurs on a continuum, ranging from name calling, to a single hit that may or may not impact the victim to chronic, severe mental abuse and battering.
There are four main types of intimate partner violence:
In addition, stalking is often included among the types of IPV.
Stalking generally refers to "harassing or threatening behavior that an individual engages in repeatedly, such as following a person, appearing at a person's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person's property" (Tjaden & Thoennes 1998). Stalking can be further defined as a course of conduct directed at a specific person that would cause a reasonable person to feel fear. Course of conduct is defined as “a pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.”
6.6.6-1 Stalking Behaviors: Stalking includes any behaviors or activities occurring on more than one occasion that collectively instill fear in a victim, and/or threaten her or his safety, mental health, or physical health. Such behaviors and activities may include, but are not limited to, the following:
6.6.7-1 Amnesty and Responsible Action Policies: The Warren Wilson College community encourages the reporting of policy violations and crimes. As well, Warren Wilson College encourages students to offer help and assistance to others in need. Sometimes students are hesitant to report an alleged policy violation to college officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble To encourage reporting, Warren Wilson College pursues a policy of offering victims and witnesses of sexual violations amnesty from other policy violations, such as consumption of drugs or alcohol related to the incident.
Warren Wilson College pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the college will provide educational options, rather than mere punitive actions, to those who offer their assistance to others in need.
Contact the Center for Gender and Relationships Director to file an informal or anonymous report. This is a way to document your experiences and seek support in having some of your needs met such as exploring room changes, work crew changes, class changes, etc. without pursuing a formal report. With this option there would not be a formal investigation of the charges and no disciplinary action would be possible against the person named in the report.
6.6.8-1 To File an Anonymous or Informal Report: As a reporting student (the person reporting an alleged policy violation) you can contact the Center for Gender and Relationships Director to file an informal or anonymous report. This is a way to document your experiences, seek support and explore having some of your needs met such as room changes, work crew changes, class changes, etc. without pursuing a formal report.
Please note that the College may be required to look into certain policy violations even if the reporting student does not want the matter pursued. The College takes seriously reports of violence and in some cases must respond. In these cases the college will proceed with care to protect the reporting student and all involved. In such cases where the college must pursue the report of a policy violation, the reporting student will be notified, when reasonable, in advance of any action.
6.6.8-2 Informal Dispute Resolution Efforts: In some sexual harassment situations, after filing an informal report, it may be possible to resolve the matter through mediation or a dispute resolution process. The Dean of Students or appointed designee will oversee the resolution process. If a satisfactory resolution cannot be reached, then the reporting student can make a formal report. Other options such as room changes, work crew changes, class changes, etc. will also be considered.
6.6.8-3 To File a Formal Report: To file a formal report of an alleged policy violation, the reporting student will meet with the Dean of Students. A student can choose to do this by first contacting The Center for Gender and Relationships Director or by going directly to the Dean of Students Office. This will need to be followed by filing a written incident report. There is no deadline for filing a formal report; a student may file a report at anytime. However, the responding student (the person alleged to have violated Warren Wilson policy) must still be a currently enrolled student at the college in order for the report to go through the campus judicial process; however certain actions (such as a campus “no trespass” order) may be possible as an action against others that violate Warren Wilson College policies.
Upon the receipt of a reported violation of this policy, the Dean of Students or appointed designee will open and oversee the investigation of the formal report (and the hearing board process, if necessary). An advocate will be identified for the reporting student (most often this person will be the Center for Gender and Relationships Director). In cases where the person filing the report requests special protections to feel safe until a hearing can happen and/or the college feels that based on the evidence presented actions are necessary to protect the person filing the report or other members of the community, the college reserves the right to take any action it deems necessary to protect student rights and safety. This may include, but not be limited to, a modification in living arrangements, removal of the accused from campus pending a hearing, or notification of authorities.
The Dean of Students or appointed designee will oversee the following investigation:
Where the responding student is found not responsible for the alleged violation(s), the investigation should be closed. Where the responding student accepts the finding that s/he violated college policy, the Dean of Students or appointed designee will impose appropriate sanctions for the violation, after consultation with the Sexual Misconduct, Interpersonal and Gender Violence Hearing Board. The college will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the college community.
In the event that the responding student rejects the findings in part or entirely, the Dean of Students or appointed designee will convene The Sexual Misconduct, Interpersonal and Gender Violence Hearing Panel to determine whether the accused individual is in violation of the college’s interpersonal violence policy.
The Panel will be comprised of three staff members drawn from a pool of 6-8 specifically trained to serve on this panel. Panel members may be excused from a panel due to conflict of interest or other valid reasons.
The Dean of Students or appointed designee will serve as the Hearing Officer. Through the following hearing process, the Hearing Officer’s responsibilities include advising all parties of the process and outcomes, conducting the hearing, consulting with the panel on the process, and being present during the hearing. The Dean of Students or appointed designee will not participate in the deliberations except to answer questions about process or precedent.
6.6.9-1 The Hearing Process: The reporting student has the right to have a support person from the campus community present during the hearing process. This can be the Center for Gender and Relationships Director or another person of the student’s choice. The responding student also has the right to have a support person from the campus community present during the process. Support persons may be present for the entire hearing but may speak only with the person being supported; they may not participate in the hearing in any other way. Parents, lawyers, and others are not permitted in the hearing process.
If witnesses are to be presented by either party, the Hearing Officer must be notified two days before the hearing so that witnesses can be advised of the process. In order to do this, the Hearing Officer needs the names and contact information for the witnesses, as well as the nature of the information they will be providing in the hearing. Information that has a direct bearing on the case is the only information that can be presented in the hearing. Character statements are not allowed.
Witnesses are required to be present for the hearing, except in cases where there is a logistical reason that they cannot. In those cases, phone or written testimony will be accepted.
The Hearing Officer will make every effort to secure a space that is appropriate, confidential and provides sufficient space for parties to be seated away from each other. The hearings will be closed to all but the Panel, the Hearing Officer, the parties, and their support persons.
The Hearing Officer will recognize speakers and interruptions will not be tolerated. The Hearing Officer will also determine the appropriateness of questions and has the final decision regarding what can or cannot be asked.
Disruption of a hearing may result in dismissal from the proceedings.
An audiotape of the hearing will be made for the panel to use during the deliberation process. This tape may also be reviewed in the case of an appeal. No other recording of the hearing is permitted. The tape will be destroyed after the time-frame for filing an appeal passes or once an appeal hearing is completed.
Step 1: The Hearing Officer will introduce all parties, explain the hearing process and detail the investigation to date. The Hearing Officer will define the reason this hearing was called and what, in general, will be explored.
Step 2: The reporting student will make an opening statement, either verbally or in writing, if the student chooses.
Step 3: The responding student will make an opening statement, either verbally or in writing, if the student chooses.
Step 4: The panel will question the reporting student.
Step 5: The panel will question the responding student.
Step 6: Both parties have the opportunity to present witnesses one at a time. The reporting student will be able to present witnesses first. The reporting student will be allowed to question their witnesses first.
Afterward, the responding student can question the witness. When the responding student presents their witnesses, the responding student will be able to question their witnesses first. Afterward, the reporting student will be able to ask questions. The panel can then question each witness as they are presented but after the order of questioning as outlined above.
Step 7: The two parties will then have an opportunity to submit (in writing) questions for each other to the Hearing Officer. The Hearing Officer will review the questions and those that are deemed to be appropriate will be passed on to the panel to ask. The panel members may also ask their own questions of either party at this time.
Step 8: The responding student will make an impact/closing statement.
Step 9: The reporting student will make an impact/closing statement.
Step 10: Both parties will be excused from the room. The panel will then deliberate to determine if the responding student is responsible for a violation of The Sexual Misconduct, Interpersonal and Gender Violence Policy, and if so, will decide on an appropriate sanction.
6.6.9-3 Deliberation and Determination: The Sexual Misconduct, Interpersonal and Gender Violence Hearing Panel will deliberate until a determination is made. The panel will strive for consensus, but will reach a decision by majority vote if that is not possible. If the panel does not find the responding student responsible for the report as written, the panel can still find the responding student in violation of another part of The Sexual Misconduct, Interpersonal and Gender Violence Policy.
The outcome of a campus hearing is part of the educational record of the responding student, and is protected from release under a federal law, FERPA.
Notification of the panel’s decision will be made via letter written by the Dean of Students or appointed designee. Copies of the letter will be sent to both parties for any misconduct determination without condition or limitation.
Warren Wilson College reserves the right to publicly release the name, policy violation, and sanction, for any student found responsible for violations of this policy.
The Hearing Panel reserves the right to broaden or lessen the following range of recommended sanctions in the case of mitigating circumstances, but neither the panel nor the appeal officers will deviate from this range unless compelling justification to do so exists.
All sanctions may include a requirement to seek counseling and/or mandate education related to the policy violated.
The Dean of Students or appointed designee has final decision making authority with regard to formal complaints, subject to appeal.
Where the responding student is found in violation of Warren Wilson policy, the Dean of Students or appointed designee will impose appropriate sanctions for the violation, after consultation with the Title IX Coordinator. The College will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the College community.
In the event that the responding student accepts the findings of the investigation, those findings cannot be appealed.
Either party may appeal the decision of The Sexual Misconduct, Interpersonal and Gender Violence Hearing Panel to the Dean of Students. The appeal must be made in writing within 5 working days of the issuance of the decision letter. The letter should clearly outline the grounds for the appeal. An appeal is not the rehearing of the evidence.
Sanctions imposed by the Dean of Students post-investigation can be appealed by any party according to the grounds below. Post-hearing, any party may appeal the findings and/or sanctions only under the grounds described below.
The only grounds for an appeal are:
The individual filing for an appeal must show error as it assumed the originally finding is presumed to have been heard reasonably and appropriately. The Dean of Students may rule that there are insufficient grounds to hear the appeal; the Dean of Students may reconstitute the hearing panel to accommodate the introduction of new evidence; or the Dean of Students may constitute a group to evaluate the appeal. In situations where it is determined that a group needs to be convened to evaluate the appeal, the Appeal Evaluation Group would include three members: the Dean of Students, one member of The Sexual Misconduct, Interpersonal and Gender Violence Hearing Panel that did not hear the case originally and a member of the President’s Advisory Council (PAC). Inability to reach a two-thirds vote in favor of the party who brought the appeal will be considered an affirmation of the panel’s original decision.
All sanctions imposed will be in effect during the appeal. A request to temporarily suspend a sanction may be made to the Dean of Students for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. Graduation, study abroad, internships/externships, etc. do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
The procedures governing the hearing of appeals include the following:
The College reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. The College may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is not-dependent, the College will contact parents/guardians to inform them of situations in which there is a significant and articulated health and/or safety risk. The College also reserves the right to designate which college officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.
If you believe you have been or are being sexually harassed, are a victim of another form of sexual misconduct (this includes Nonconsensual Sexual Intercourse and Nonconsensual Sexual Contact), being stalked or are a victim of gender-bias by a college employee (staff, faculty, or supervisors), you may choose to address the situation by informal consultation or by filing a formal complaint under the college’s Sexual Harassment Policy listed in the general policies section of this chapter. Complaints regarding a contract employee (that are not Warren Wilson College employees or students) should be directed to the office responsible for the contract with the outside organization providing the contract worker – however, any contract employee is subject to campus policies and as such any faculty, staff or student can bring their concerns to the attention of the Dean of Students, The Center for Gender and Relationships, Human Resources, or the Title IX office. These complaints will be addressed by the college as well. The confidentiality of a report will be preserved to the greatest extent possible, and you should not hesitate to contact the Dean of Students or Title IX Office for clarification and guidance regarding this policy and other related college policies. The same options for support listed at the start of this chapter are available to students in this situation.
Although sexual harassment involves sexual conduct that is unwelcome, students should know that even consensual sexual relations may lead to reports that the policy has been violated. A report could be filed in situations in which one person in the relationship has power or authority over the other, one person suffers retaliation for seeking to end the relationship, or actual or potential abuse exists in the relationship. A report might also be filed by third parties not involved in the relationship who believe it is affecting their own employment, education, or living environment. Retaliation or threats of retaliation are considered in violation of this policy.
The Center for Gender and Relationships
Ext. 3799 – Crisis Hotline (Evenings and Weekends) 828.337.3264
6.6.17-1 Confidential Services: The Center for Gender and Relationships (CRG) addresses campus issues of gender, sexuality, sexual assault with particular attention to relationship violence, stalking, consent, healthy communication relationships, safer sex, and LGBT concerns. However, the CRG is also accountable to the Warren Wilson community and the safety of the members of the community; RISE is also accountable to state and federal laws, including Title IX. To the degree that we can maintain the anonymity of the person making a report, we will. Our first goal is to keep safe those who choose to report incidents of violence. When any person talks to CRG and it is believed that someone violated our policies, we may be required to investigate the report.
The College does offer confidential services through the Counseling Center. For those students not wishing to make a report, but are seeking support and feeling the need to maintain control of the situation, the Counseling Center provides highly confidential counseling services where strict confidentiality is maintained. In fact, aside from situations that involve imminent danger to self or others, or abuse of children or dependent adults, counselors are bound by laws and ethical guidelines to maintain the privacy of all conversations not meeting the above exceptions.
Please see section 6.6.8 “Procedure for Filing a Formal, Informal or Anonymous Report on Campus” of this policy to better understand your reporting options.
6.6.17-2 Options for Victims/Survivors, Families and Friends: A person who experiences sexual misconduct can respond in a variety of ways. If the incident has just happened, you may want to contact Our VOICE at 828.255.7576, go to Mission Hospital for medical treatment and/or have evidence collected; for situations of intimate partner violence, you can call Helpmate at 828.254.0516. Contacting Our VOICE, Helpmate and/or The Center for Gender and Relationships are always options at any point, but having evidence collected by medical professionals needs to happen as soon as possible.
Some continuing options include:
Title IX prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Prohibited sex discrimination covers sexual harassment, including sexual violence. “Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol, or due to an intellectual or other disability. Sexual violence includes rape, sexual assault, sexual battery and sexual coercion. All such acts of violence are forms of sexual harassment covered under Title IX.”
The Sexual Misconduct policy above is in compliance with Title IX and reflects the intent and activity required by Title IX. Any reports of discrimination on the basis of sex, including sexual harassment and other forms of sexual violence, will be reviewed by the Title IX Coordinator; as well all Title IX compliance efforts will be administrated by the Title IX Coordinator. You can contact your Title IX Coordinator at any time to ask about this policy or Title IX itself.
The Warren Wilson College Title IX Coordinator is:
Paul C. Perrine, Dean of Students and Title IX Coordinator
PO Box 9000
Asheville, NC 28815-9000
Phone: 828.771.3799; Email: email@example.com
Or you can contact:
U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or firstname.lastname@example.org.
If you wish to fill out a complaint form online, you may do so at: www2.ed.gov/about/offices/list/ocr/complaintintro.html
Warren Wilson College does not discriminate on the basis of race, color, creed, religion, national or ethnic origin, sex, gender, age, marital status, disability, or sexual orientation.
Warren Wilson College complies with the Crime Awareness and Campus Security Act of 1990, also known as the Jeanne Clery Act. The College compiles a report that not only lists statistics on certain crimes that are reported on campus, but also reports on security policies the College maintains. The act requires campuses to report occurrences of the following crimes: murder, rape, aggravated assault, burglary, motor vehicle theft, as well as violations of the liquor laws, drug abuse and weapons violations. The reports are made available to all current employees, students, prospective students, employees and anyone requesting a copy. In the event of crimes or situations that are considered to pose a threat to the College community, the act requires the College to notify the college community in a timely manner. This determination will be made by the Director of Public Safety, in consultation with the Dean of Student Life. The College will make timely notice to the college community utilizing options such as the college newspaper, email, and flyers distributed to the college community, etc.
For more information on the Jeanne Clery Act at Warren Wilson College, go to: www.warren-wilson.edu/~rise/Clery_Report.php
The College reserves the right to disclose to the community information about sex offenders that are accepted as members of the Warren Wilson community. Such information that can be shared includes, but is not limited to, the person’s name and address; a physical description of the person; the type of vehicle that the person is known to drive; any conditions or restrictions placed upon the person’s probation, parole, post-prison supervision or conditional release; a description of the person’s method of offense; a current photograph of the person; and the name and telephone number of the person’s parole and probation officer.
This policy borrows language and information from:
http://nccasa.net; Antioch College, SUNY Albany, University of Rochester, Brown University, Oberlin College, Barnard/Columbia; and Mars Hill College; http://www.ncga.state.nc.us/gascripts/statutes/statutes.asp; http://www.ncvc.org; http://www.cdc.gov; http://www.justice.gov; and http://ncherm.org/
Includes completion of an online educational program or assignment designed to prompt reflection on substance use issues, participation in campus programs, or meeting with a counselor to examine personal choices around substance use
Involves attendance at a specified number of college events chosen from an approved list and submission of a written reflection on these events.
Designates a stated period of time during which further violation of college rules could result in suspension. While on conduct probation a student may not serve in certain campus leadership positions, represent the College in various ways including through participation in intercollegiate athletics and may not hold a break period work contract. Students on probation are not eligible to participate in break service trips.
Payment due of a specified amount of money.
A permanent severance of the relationship between the student and WWC. A student who has been expelled is subject to legal prosecution for trespass if he or she should appear on college property or at an official function of the college without permission.
A designated period of time during which housing choices may be restricted, the student may not be in residence halls during break periods and a further violation of college policy could result in the loss of housing.
A designated period of time during which a student cannot visit or live in any college residence hall. This includes presence in any residence hall’s space including the lobby, common areas, laundry room, porches, lounges and student rooms. This sanction ordinarily precludes participation in the Work Program. If a student wishes to return to college housing following a suspension he/she will return and be on housing restriction for at least one semester.
Requires that a student visit an approved practitioner to have a complete use assessment, sign a release so that our counseling center can receive the results and then follow recommendations made as a result of the assessment. The student will need to cover the expenses associated with the assessment and treatment as well as ensure they have transportation to the provider. The Health Center is not expected to assist in transportation.
A student’s housing assignment changed as a result of conflict or violation of community living standards.
Repaying a violated party through payment or labor.
Includes not being able to participate in specified campus activities or not being able to visit certain areas on campus.
Involves a period of time during which a student is ineligible for enrollment. A student may apply for reinstatement at the end of this period. Certain conditions, such as counseling, may be stipulated for readmission. A student returning to the College following a suspension will be on conduct probation for at least one semester and may be required to live off campus. A suspended student is permitted on college property only with the permission of the Dean of Students until she or he is readmitted. Suspended students who come to campus without this permission may be expelled.
A written notice that a student has violated college rules. It will serve as a reminder regarding the policy and will be considered in any future violations.