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 19, 2018.

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

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

Additional Contact Info:
Title IX Officers 


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

NC State provides equal opportunity and affirmative action efforts, and prohibits all forms of unlawful discrimination, harassment, and retaliation (“Prohibited Conduct”) that are 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”). Additional information as to each Protected Status is included in NCSU REG 04.25.02 (Discrimination, Harassment and Retaliation Complaint Procedure).

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, 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 with regard to a term or condition of employment or participation in an academic program or activity based upon a Protected Status.  Discrimination includes the denial of a request for a reasonable accommodation based upon disability or religion.

4.2 Harassment is any unwelcome conduct based upon a Protected Status that either creates a quid pro quo situation or a hostile environment. Harassment includes incidents of sexual assault, stalking, and interpersonal or dating violence.

4.2.1 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 individuals believe they 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.

4.2.2 Hostile Environment Harassment occurs when unwelcome conduct based upon a Protected Status is sufficiently severe or pervasive to:

For Students:

  1. deny or limit a student’s ability to participate in or benefit from NC State’s programs or activities; or
  2. create an intimidating, threatening, or abusive educational environment.

For Employees:

  1. create an intimidating, hostile, or offensive working environment.

4.2.3  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).

4.2.4  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 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 (including sexual assault) may constitute Hostile Environment Harassment.

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

4.4 Protected Activity includes:

4.4.1 filing a complaint that alleges a violation of this policy;

4.4.2  participating as a witness or party in an investigation, proceeding, or hearing involving a violation of this policy; or

4.4.3 requesting a reasonable accommodation based on disability or religion.

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  Substantiated instances of 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.

 

 

 

 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.