POL 04.25.05 – Equal Opportunity, Non-Discrimination and Affirmative Action Policy

Authority: Board of Trustees

History: First Issued: April 9, 1999. Last Revised: July 10, 2019.

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 – 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
NCSU REG04.25.02 – Discrimination, Harassment and Retaliation Complaint Procedure
UNC System SHRA Employee Grievance Policy
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

Additional References:
Title IX Website
Chancellor’s Memo – Title IX and Non-Discrimination
Chancellor’s Memo – Equal Opportunity and Non-Discrimination
Complaint Form for Discrimination, Harassment, and Retaliation

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


1. INTRODUCTION

1.1 NC State is a diverse community that holds a deep commitment to welcoming and supporting all people. All NC State community members are responsible for ethical conduct and for helping build our stature as an inclusive, ethical, and respectful institution.

1.2 NC State hereby affirms these values along with a commitment to creating inclusive working and educational environments free from all forms of Discrimination, Harassment, and Retaliation.

1.3 NC State recognizes and rewards individuals on the basis of relevant factors such as ability, merit and performance. Educational and employment decisions are to be based on factors that are germane to academic abilities or job performance.

1.4 Discrimination, Harassment, and Retaliation are not only unlawful, they are incompatible with the principles of NC State.

2. POLICY STATEMENT[1]

NC State provides equal opportunity and affirmative action efforts, and prohibits Discrimination, Harassment and Retaliation based upon a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, gender identity, genetic information, sexual orientation, or veteran status (individually and collectively, “Protected Status”) or participation in a Protected Activity.

3. SCOPE

3.1 This policy applies to all NC State applicants, employees, students, and other individuals who participate in University or University-sponsored programs or activities, and/or who are conducting University business, whether on or off-campus.

3.2 The Board of Trustees through the Chancellor has designated NC State’s Office for Institutional Equity and Diversity (“OIED”) as the office to determine whether NC State has an obligation to address allegations of discrimination, harassment (including sexual harassment), or retaliation that are not part of a university or university sponsored program or activity. The OIED will consider the seriousness of the allegations, the risk of harm involved, whether those involved are members of the University community, whether there is a nexus with the University, and other factors relevant to the impact of the allegations on the University community.

4. DEFINITIONS

For purposes of this policy, the following definitions apply:

4.1 Discrimination is unfavorable treatment of a person because of a person’s Protected Status which denies, limits or adversely impacts a term or condition of a person’s employment, education, or participation in University programs or activities. Discrimination includes the denial of a request for a reasonable accommodation based upon disability or religion.

4.2 Harassment is any unwelcome conduct directed toward a person based on the person’s Protected Status that:

(A) denies, limits or adversely impacts a term or condition of a person’s employment, education, or participation in University programs or activities; and

(B) either: (i) the submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment, education, or participation in University programs or activities; or (ii) the conduct is sufficiently severe, persistent, or pervasive to create an environment that a reasonable person would consider intimidating, threatening, or abusive.

All relevant circumstances are examined as part of this determination, including but not limited to, whether the conduct is verbal, physical, or electronic; the frequency of the conduct; the severity of the conduct; the Protected Status and relationship of the individuals involved; whether the conduct was physically or psychologically 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 may constitute Harassment under this policy.

4.3 Protected Activity includes filing a complaint that alleges a violation of this policy, participating as a witness or party in an investigation, proceeding, or hearing involving an alleged violation of this policy; or requesting a reasonable accommodation based on disability or religion.

4.4 Protected Status is defined in Section 2 of this policy.

4.5 Retaliation is any adverse action (including but not limited to intimidation, threats, or coercion relating to an adverse action) against a person because that person  engaged in a Protected Activity.

4.6 Sexual Harassment is Harassment (as defined in Section 4.2 above) which is based on a person’s sex or is of a sexual nature. Sexual Harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical harassment of a sexual nature. Sexual Harassment also includes sexual assault, stalking, and interpersonal/dating violence.

5. COMPLAINTS

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

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

6. POLICY VIOLATIONS and CORRECTIVE MEASURES

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

6.2 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).

6.3 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.

7. AFFIRMATIVE ACTION

7.1 NC State maintains an affirmative action program in accordance with federal and state law and regulations. Development of the University’s affirmative action and equal employment opportunity plan (the “AA/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.

7.2 The head of each administrative or academic unit, 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 AA/EEO Plan.

7.3 All University publications, job advertisements, prime federal contracts and subcontracts, purchase orders, and publicity for University events must state that NC State is an AA/EEO employer. Approved taglines and clauses for these purposes are located on the OIED webpage.

[1] This 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.

 

 

 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.