POL 04.25.05 – Equal Opportunity and Nondiscrimination Policy

Authority: Board of Trustees

History: First Issued: April 9, 1999. Last Revised: July 18, 2024, with an Effective Date of August 1, 2024.

Related Policies:

NCSU POL05.25.01 – Faculty Grievance and Non-Reappointment Review Policy
NCSU POL05.25.03 — Review and Appeal Processes for EHRA Non-Faculty Employees
NCSU POL11.35.01 – Student Conduct

NCSU REG 11.35.05 – Code of Student Conduct
NCSU REG11.35.02 — Student Discipline Procedures
NCSU REG04.25.06 – Discrimination and Harassment Prevention and Response Training
NCSU REG04.25.02 – Discrimination, Harassment and Retaliation Complaint Procedure
NCSU REG02.20.01 – Academic Accommodations for Students with Disabilities
NCSU REG05.00.02 – Reasonable Accommodations in Employment
NCSU REG05.25.06 – EHRA Non-Faculty Employee Reviews and Appeals
NCSU REG04.25.06 – Equal Opportunity, Title IX and Non-Discrimination Training for Employees
UNC System SHRA Employee Grievance Policy

Additional References:
Chancellor’s Memo – Discrimination and Harrassment

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


1. INTRODUCTION

1.1 North Carolina State University (“NC State” or “University”) is committed to providing an inclusive and welcoming environment for all members of our community. As a public land grant institution, the University strives to ensure that diverse persons of any background are invited, included, and treated equally. The University also strives to maintain a campus environment free from discrimination, harassment, and retaliation and to provide an equitable and supportive process for reporting and resolving allegations of discrimination, harassment, and retaliation.

1.2 NC State complies with all applicable laws and regulations relating to preventing and addressing discrimination, harassment, and retaliation. Those laws include but are not limited to Title IX of the Education Amendments of 1972 and Title VI and Title VII of the Civil Rights Act of 1964. This Policy and its companion regulations, REG 04.25.02–Discrimination, Harassment and Retaliation Complaint Procedures and REG 04.25.08–Title IX Sexual Harassment Resolution Procedure (“Companion Regulations”) set forth the University’s equal opportunity and nondiscrimination policy and outline the processes the University will follow with respect to ensuring equal opportunity and handling allegations of prohibited discrimination, harassment, and any related retaliation in our efforts to promptly and effectively address such conduct, prevent its recurrence, and remedy its effects.

2. POLICY STATEMENT

2.1 NC State prohibits unlawful discrimination and harassment based on a person’s protected status in University programs and activities. NC State also prohibits retaliation for any protected activity.

2.2 “Protected Status” is defined as an individual’s actual or perceived:

  1. race, color, or national origin, including shared ancestry or ethnic characteristics,
  2. sex, including sexual orientation, gender identity, and pregnancy or related conditions,
  3. age,
  4. disability,
  5. genetic information,
  6. religion, and
  7. veteran’s status.

2.3 Companion Regulations define the terms “discrimination,” “harassment,” “retaliation,” “protected activity” and describe prohibited conduct.

2.4 NC State also provides procedures for requesting accommodations or modifications related to disability, religion and pregnancy or pregnancy-related conditions.

3. SCOPE

This Policy applies to NC State applicants, employees, students, and other persons who participate or attempt to participate in a University program or activity.  Companion Regulations define the term “program or activity.”

4. REPORTS OF AND RESPONSES TO ALLEGATIONS OF DISCRIMINATION, HARASSMENT AND RETALIATION

4.1 The Board of Trustees through the Chancellor has designated NC State’s Office of Equal Opportunity (“OEO”) as the office to address allegations of discrimination, harassment, or retaliation.

4.2 Any person may report an allegation of discrimination, harassment, or retaliation. Procedures for reporting discrimination, harassment, and retaliation are contained in the appropriate Companion Regulation(s).

4.3 In response to a report or complaint made pursuant to this Policy, NC State will follow fair and equitable procedures, as described in the appropriate Companion Regulation(s) to address any prohibited discrimination, harassment, and retaliation.

5. RELATIONSHIP TO OTHER LAWS AND POLICIES

5.1 Nothing in this Policy is intended to (a) restrict any rights that would otherwise be protected from government action by the First Amendment of the United States Constitution; (b) deprive a person of any rights that would otherwise be protected from government action under the Due Process Clauses of the United States Constitution; or (c) restrict any other rights guaranteed against government action by the United States Constitution.

5.2 This Policy is established in accordance with 41 CFR Part 60 and is implemented in accordance with applicable laws, their amendments, and their implementing regulations, 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 13899, Executive Order 11246, the Age Discrimination in Employment Act of 1967, Age Discrimination Act of 1975, Sections 503 and 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Uniformed Services Employment and Reemployment Rights Act, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, the Genetic Information Nondiscrimination Act of 2008, and North Carolina General Statutes.