Rules & Policies Section Seven

Policy 7-1. Duke University Non-Discrimination Policy

Duke University is committed to encouraging and sustaining a learning and work community that is free from prohibited discrimination and harassment. The university prohibits discrimination on the basis of race, color, religion, national origin, disability, veteran status, sexual orientation, gender identity, sex, genetic information, or age in the administration of its educational policies, admission policies, financial aid, employment, or any other university program or activity. The university also makes good faith efforts to recruit, employ and promote qualified minorities, women, individuals with disabilities, and veterans. It admits qualified students to all the rights, privileges, programs, and activities generally accorded or made available to students.

The university also does not tolerate harassment of any kind. Sexual harassment and sexual misconduct are forms of sex discrimination and prohibited by the university. Duke University has designated Dr. Benjamin D. Reese, Vice-President of the Office for Institutional Equity, as the individual responsible for the coordination and administration of its nondiscrimination and harassment policies. The Office for Institutional Equity is located in Smith Warehouse, 114 S. Buchanan Blvd., Bay 8, Durham, North Carolina 27708. Dr. Reese's office telephone number is (919) 684-8222 and his email address is ben.reese@duke.edu.

Questions or comments about harassment or discrimination can be directed to the Office for Institutional Equity, (919) 684-8222. Additional information, including the complete text of the harassment policy and appropriate complaint procedures, may be found by contacting the Office for Institutional Equity or visiting its website at: http://www.duke.edu/web/equity/.

For further information on notice of nondiscrimination, you can contact the appropriate federal office by visiting the website: http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the office that serves your area, or call 1 (800) 421-3481.


Policy 7-2. Harassment

[Policy 7-2 is superseded by the university’s establishment of the Student Sexual Misconduct Policy: Duke’s Commitment to Title IX:  http://studentaffairs.duke.edu/conduct/z-policies/student-sexual-misconduct-policy-dukes-commitment-title-ix, 8/2014.  In addition, the Duke Harassment Policy applies to all persons enrolled at or employed by Duke University or Duke University Health System: https://web.duke.edu/equity/harassment.html.]


Policy 7-3. Use of Facilities that Discriminate on the Basis of Race, Sex, National Origin, or Religion

Under Review 2011

The Faculty has adopted the following policy with respect to use by the Law School or affiliated organizations of facilities that discriminate on the basis of race, sex, national origin or religion:

  1. No alumni sponsored event or any other Law School sponsored event may be held at any facility at which any member of the Duke community might be excluded for reasons of race, sex, national origin, or religion.

  2. No event may be held by any alumni organization affiliated with Duke Law School at any facility which, although it is prepared to admit all members of the Duke community to a particular function, nevertheless discriminates in membership policies on the basis of race, sex, national origin, or religion. In this regard, local alumni groups will be urged to amend their charters to reflect this policy.

  3. No one traveling on Duke University business shall knowingly use, for the purpose of facilitating the conducting of that business, any place of public accommodation which discriminates on the basis of race, sex, national origin, or religion.

Back to top Revised January 1988


Policy 7-4. Severe Weather

The Law School follows the University's severe weather policy. You can find the policy at http://emergency.duke.edu.
During a severe weather event, you may learn the status of the Severe Weather Policy at the University by calling 684-INFO (4636).
The severe weather work policy of the university will be implemented as follows at the School of Law.

BUILDING ACCESS

When the severe weather work policy is invoked by the University, building perimeter doors at the Law School will be locked and remain locked but accessible via card readers throughout the severe weather period.
 

EMPLOYEE CATEGORIES

In general, staff at the Law School are considered to be in the "delayed service" category. “Delayed service” staff should not report to work or remain at work when a severe weather event has been declared.

While Law School staff are generally considered “delayed service” staff, departmental managers may request staff to function as "essential service" based on the weather conditions and the needs of the department or organization during a specific event .

“Delayed service” category employees may offset missed time during a severe weather period by one or more of the following means:

  1. Use of accrued vacation or discretionary days.
  2. Use of accrued sick time if the employee reported in sick on the last scheduled work day before the actual severe weather day .    
  3. Make up lost time within 3 months. In making up lost time, biweekly employees will receive overtime pay, if applicable. A department may avoid an overtime situation by scheduling the staff member to “make up the time” during a week or pay period when he/she does not work a full 40 hours/week or 80 hours/pay period It should be understood that make-up work for all Law School employees may not be possible.
  4. Take the day without pay, if a biweekly employee.
  5. Work at home, with supervisor approval.

The University may call a severe weather work day WITH classes cancelled or WITHOUT classes cancelled. Law School employees are categorized as “delayed service” employees in both instances . “Delayed service” employees should not report to work while the severe weather condition exists unless requested by a departmental manager to function as “essential service” based on weather conditions and departmental needs.

If severe weather conditions develop after a normal work day has started and the University implements the severe weather policy, Law School employees will be notified by their supervisors. If the University implements the severe weather policy during a normal work day, employees in the “delayed service” category should not remain at work unless requested by a departmental manager to function as “essential service” based on weather conditions and departmental needs.

SEVERE WEATHER BUT SEVERE WEATHER POLICY
NOT ENACTED BY UNIVERSITY

The Law School recognizes that some employees live in more remote areas than others, and that road conditions across the area may vary widely in periods of severe weather. Further, the Law School recognizes that some employees will be left without child care due to school closings in response to severe weather. If Law School employees live in areas experiencing severe weather conditions and the University has not implemented the severe weather policy, they are eligible with supervisory approval to use discretionary days (in full days only) or accrued vacation time to cover an absence from work. This applies both to employees who have arrived at work as scheduled and must leave due to severe weather and employees who cannot reach the Law School due to severe weather.

STUDENT NOTIFICATION

Severe Weather Day With Classes Rescheduled : When the University declares a severe weather day with classes to be rescheduled, it applies University-wide and includes the Law School. The University will announce its decision through local TV and radio stations.

Other sources will be:

Duke Information Line-684-INFO (684-4636)
Duke Cable TV
Duke Daily News Web Site

In addition, the Law School Registrar's Office will have a message on voice mail (613-7027) confirming that classes at the Law School are to be rescheduled. The Dean's Office will also send all students an e-mail message stating: "The University has declared a severe weather day and classes will be rescheduled. This includes Law School classes." Every attempt will be made to reschedule Law School classes in their entirety on a Saturday (i.e., the same class schedule held on a Saturday). If this is not possible, the classes will be rescheduled individually.

Severe Weather Day With Classes Scheduled : When the University declares a severe weather day but classes are scheduled, individual professors will notify the Law School's Registrar Office voice mail (613-7027) if they are unable to reach the Law School to hold class. The Law School's Computing Services Department will post the following message on the Law School's web site and e-mail: The University has declared a severe weather day but classes are in session. Law classes will be held if professors can reach the school. To learn whether or not your class will be held, call the Registrar's Office at 613-7027. If individual professors have to reschedule their classes because of severe weather, the classes will be made up by the professors. A designated backup will be appointed in case the Law School's Registrar cannot perform these functions in a severe weather situation.

Back to top Revised December 2005


Policy 7-5. Faculty-Student Dating

The Law School is dedicated to preparing students through teaching and research for entry into the legal profession and for lives of significant public and private responsibilities. Its success depends in large measure on trust in the integrity of relationships among faculty and students. In an effort to foster that trust, the faculty have developed these guidelines on dating relations between faculty and students:

  1. It is the sense of the faculty that faculty/student dating relationships create the potential for abuses of authority and for both actual and apparent conflicts of interest. No faculty member should participate in such a relationship without carefully considering the potential consequences to the student involved, the faculty member himself or herself, and the institution.

  2. No faculty member should engage in any dating relationship with any student currently enrolled in that faculty member's course.

  3. No faculty member should employ as a research or teaching assistant any student with whom that faculty member has or has had a dating relationship.

  4. No faculty member should participate in any decision pertaining to honors, degrees or discipline concerning any student with whom that faculty member has or has had a dating relationship.

  5. Before entering into any dating relationship with a faculty member, a student should be aware that such a relationship will limit that faculty member's ability to direct work or promote that student's career, and may require that the relationship be revealed in any letter of recommendation written by such faculty member.

Back to top Revised August 1997


Policy 7-6. Network Use Policies

Updated by the Library & Technology Committee, April 24, 2013

  1. Network Passwords
    Your individual password provides the first and strongest line of defense against unauthorized access to your own files and shared files to which you have access. Changing individual passwords regularly, constructing passwords that are not easily broken, and not reusing previous passwords are all key elements in promoting network security. The following policies regarding password protection apply to all law school staff members.
    1. Changing Passwords Regularly. Individual passwords for all law school employees other than exempted faculty members should be changed at half-year intervals.

    2. Password Length and Construction. Individual passwords must be at least 8 characters in length and should contain a mixture of upper and lower-case letters, numbers and symbols (this is required for NetID passwords).

    3. No Reuse of Passwords. Passwords should not be reused.

    4. No Sharing of Passwords. Accounts and passwords must not be shared. If work relationships require regular access to another user's directory, e.g., if a secretary needs to work on a faculty member's files, the network supervisor can set up access to the directory through the secretary's own account, without revealing the faculty member's password.

    Unless their administrative or other responsibilities require them to have access to shared files, faculty members are not required, but are strongly encouraged, to adhere to these policies.
  1. Access to Files

    Duke University policy does not allow supervisors to access employee email accounts without their express permission, except under extraordinary circumstances and only in relation to a particular need. The law school uses a parallel policy for access to employees’ personal directories on network storage and to their profiles on their desktop computers. Supervisors are encouraged to arrange for shared email boxes and shared network storage for their departments to assure access to important data after an employee’s departure. Academic Technologies will comply with all requirements of federal or state law, including accessing files or records when required by legal process.

    It is law school policy that no law school employee, including Academic Technologies staff members, may access the files or e-mail of law school employees or students without the prior consent of the individual involved. In the limited circumstances described below, Academic Technologies staff and other staff may have access to files created or used by individuals, including some deleted files which may be recoverable. No student employees may access the files or e-mail of any other individual without that individual's prior consent.

    1. Academic Technologies staff may inventory contents of directories on the network and desktop computers to verify that all software installed on law school computers is properly licensed, or to check for computer viruses.
    2. During the course of a student misconduct investigation conducted pursuant to Rules 5-1 through 5-6, the Student Advocate Panel or the Judicial Board may direct the Assistant Dean for Academic Technologies to seek copies of files available in or recovered from the personal network directory of a student who is the subject of a misconduct investigation, or e-mail messages contained in the Duke e-mail system mailbox of that student. This action shall not be taken by the Student Advocate Panel or the Judicial Board unless and until a written request for permission to access the student's account, network files, or e-mail mailbox has been presented to the student and been denied. The directive to the Assistant Dean for Academic Technologies shall be in writing, attested by the Associate or Assistant Dean of Student Affairs, or by electronic communication sent to the Assistant Dean for Academic Technologies by the Office of Student Affairs acting at the request of the Student Advocate Panel or Judicial Board. The directive shall specify the nature of the files or messages requested, and shall be limited in scope to include only material necessary to the investigation of the pending misconduct investigation. A contemporaneous copy of the request shall be furnished to the student. The Assistant Dean for Academic Technologies shall work with campus security and technology groups to acquire the requested information as soon as reasonably practicable, and may provide a technical interpretation of attributes of the files or messages to the requesting party.
  1. Disposition of Computers

    Academic Technologies will delete all data from the hard drives of computers that it forwards to university surplus or otherwise removes from use in the law school.

The University's Acceptable Use Policy is linked here for reference

Academic Technologies' Network Procedures and Recommendations are available here for review

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Policy 7-7. Use of Network Email

The Law School generally follows university guidelines about email. A University policy governs messages sent to large groups.

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Policy 7-8. Release of Student Information

Duke University Policy and Procedures Under the Family Educational Rights and Privacy Act

Duke University adheres to a policy of compliance with the Family Educational Rights and Privacy Act. The policy (1) permits students to inspect their education records, (2) limits disclosure to others of personally-identifiable information from education records without students' prior written consent, and (3) provides students the opportunity to seek correction of their education records where appropriate. Please see the Duke Registrar site for details.

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