POL 04.25.05 - Equal Opportunity and Non-Discrimination Policy

Authority: Issued by the Chancellor. Changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.

History: First Issued: April 9, 1999. Last Revised: September 20, 2013.

Related Policies: 
NCSU POL05.25.01 - Faculty Grievance and Non-Reappointment Review Policy

NCSU POL05.25.03 -- Review and Appeal Processes for EPA Non-Faculty Employees
NCSU POL11.35.01 - Code of Student Conduct
NCSU REG11.35.02 -- Student Discipline Procedures
NCSU REG11.40.02 – Grievance Procedure for Graduate Students
NCSU REG11.40.01 – Grievance Procedure for Undergraduate Students
NCSU REG04.25.06 - Discrimination and Harassment Prevention and Response Training



Additional References:
Title IX Website

Contact Info: Vice Provost for Equal Opportunity and Equity (919) 515-4559

Additional Contact Info:
Title IX Coordinator jgwoodar@ncsu.edu (919) 515-4559
Deputy Title IX Coordinator (Complaints/Investigations/Training) aacircos@ncsu.edu (919) 513-1234
Deputy Title IX Coordinator (Athletics) swmlee2@ncsu.edu (919) 515-5076
Deputy Title IX Coordinator (Student Development, Health & Wellness) lpzapata@ncsu.edu (919)-513-3403




1. POLICY STATEMENT

It is the policy of the State of North Carolina to provide equality of opportunity in education and employment for all students and employees. Educational and employment decisions should be based on factors that are germane to academic abilities or job performance.  North Carolina State University (“NC State”) strives to build and maintain an environment that supports and rewards individuals on the basis of relevant factors such as ability, merit and performance. Accordingly, NC State engages in equal opportunity and affirmative action efforts, and prohibits discrimination, harassment, and retaliation, as defined by this policy1.

2. DEFINITIONS

For purposes of this policy, the following definitions apply:

2.1 Discrimination is unfavorable treatment with regard to a term or condition of employment, or participation in an academic program or activity based upon age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation, or veteran status.  Discrimination includes the denial of a request for a reasonable accommodation based upon disability or religion.

2.2 Harassment is any unwelcome conduct based upon age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation, or veteran status that either creates a quid pro quo situation or  a hostile  environment.

*Note:  Incidents of sexual violence may constitute sexual Harassment.

2.2.1 Quid Pro Quo Harassment occurs when submission to, or rejection of, unwelcome conduct (e.g., sexual advances, requests for sexual favors) by an individual is used as the basis for an employment decision (for employees); or education decision (for students). It can also occur when an individual believes that he or she must submit to the unwelcome conduct in order to avoid an adverse employment action or to secure a promotion (for employees) or to participate in school program or activity (for students).

*Note:  Though Quid Pro Quo Harassment typically involves conduct of a sexual nature, it can also result from unwelcome conduct of a religious nature.  For example, a supervisor offers a subordinate employee a promotion if the employee joins the supervisor’s religion. 

2.2.2 Hostile Environment Harassment occurs when unwelcome conduct based upon an individual’s age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation or veteran status is sufficiently severe or pervasive to:

(For Students):

·         deny or limit a student’s ability to participate in or benefit from NC State’s programs or activities; or

·         create an intimidating, threatening or abusive educational environment. 

(For Employees):

·         create an intimidating, hostile or offensive working environment.  

A Hostile Environment is determined by looking at whether the conduct is objectively offensive (i.e., a reasonable person would find it to be) and subjectively offensive (i.e., the person who is the object of the unwelcome conduct finds it to be). 

All relevant circumstances are examined as part of this determination, including but not limited to, the type of Harassment (e.g. whether verbal, physical, electronic); the frequency of the conduct, the severity of the conduct, the protected group status and relationship of the individuals involved, whether the conduct was physically threatening or humiliating, whether the conduct unreasonably interfered with work performance (for employees) or academic performance (for students).  When sufficiently severe, a single instance of unwelcome conduct (e.g., sexual assault) may constitute Hostile Environment Harassment.

2.3 Retaliation is any adverse action (including intimidation, threats or coercion) against an individual because that individual engaged in a protected activity.

2.4 Protected activity includes: 

·         opposing a practice believed to be a violation of this policy;

·         participating in an investigation, proceeding or hearing involving a violation of this policy; or

·         requesting a reasonable accommodation based on disability or religion.

3.  COMPLAINTS

NC State will promptly, thoroughly and impartially respond to all complaints of Discrimination, Harassment and Retaliation.

Any individual with a complaint of Discrimination, Harassment or Retaliation should follow NCSU REG 04.25.02 (Discrimination, Harassment and Retaliation Complaint Procedure).

4. POLICY VIOLATIONS and CORRECTIVE MEASURES

Substantiated instances of Discrimination, Harassment and Retaliation, as defined above, are violations of this policy and will not be tolerated by NC State. 

Appropriate corrective measures will be instituted for violations of this policy.  Such corrective measures will be designed to stop the Discrimination, Harassment and/or Retaliation and to prevent future violations.  Corrective measures may involve disciplinary action up to and including expulsion (for students) or discharge (for employees).

Disciplinary action for a violation of this policy will be the responsibility of the Office of Student Conduct (for students) and appropriate administrator (i.e. vice chancellor, dean, director, supervisor, etc.) (for employees), in accordance with applicable disciplinary procedures for students or employees.

5. AFFIRMATIVE ACTION

In addition to prohibiting Discrimination, Harassment and Retaliation, NC State works toward the full realization of equal opportunity through a continuing affirmative action program, in compliance with applicable federal and state laws.

Development of the university’s affirmative action plan, called the Equal Employment Opportunity Plan (EEO Plan) at NC State, is assigned to the vice provost for institutional equity and diversity, who serves as the university’s Affirmative Action Officer.

The head of each administrative/academic unit identified in the EEO Plan, and subunits as identified by the Affirmative Action Officer, shall be responsible for working with the Affirmative Action Officer to implement the requirements of the EEO Plan.

6.  STATEMENT FOR PROGRAMS/PUBLICITY

The following statement may be used for programmatic or publicity purposes at NC State:

NC State University promotes equal opportunity and prohibits discrimination and harassment based upon one’s age, color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation and veteran status.

7.  RESOURCES

Questions concerning this policy may be referred to the Office for Institutional Equity & Diversity.

 

 FN1This policy is established in accordance with 41 CFR Part 60 and is implemented in accordance with applicable laws and their amendments, including but not limited to, Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Executive Order 11246, the Age Discrimination in Employment Act of 1975, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, the Civil Rights Restoration Act of 1988, North Carolina General Statutes Chapters 116 and 126.