Equal Opportunity and Equity
GUIDELINES
The Equal Opportunity and Equity section of the Office for Institutional Equity & Diversity works to ensure that the university and its agents engage in practices that are compliant with the equal opportunity laws and policies. OIED is a neutral entity which does not favor either side (student or faculty, management or employee), but instead works to find facts and rectify any known policy violations or resolve related concerns. Amy Circosta Associate Vice Provost for Equal Opportunity & Equity 919-513-1234 Carson Cook Assistant Equal Opportunity Officer 919-513-2099 Ursula Hairston Assistant Equal Opportunity Officer 919-513-3250 Seprina Justice Administrative Support Associate 919-515-7258
Office for Institutional Equity & Diversity Campus Box 7530, 231 Winslow Hall, Raleigh, NC 27695 Main Number: 919-515-3148 Website: www.ncsu.edu/oied
Quick Contacts Disability Services Office 2221 Student Health Services Phone: 919-515-7653, TTY: 919-515-8830 Web: www.ncsu.edu/dso Office for Institutional Equity & Diversity 515-3148 Human Resources - Employee Relations 515-6575 Office of Student Conduct 515-2963 Counseling Center 919-515-2423 FASAP (Faculty and Staff Assistance Program) 866-467-0467 ADA Coordinator 919-515-1234 Title IX Coordinator 919-515-4559 RSVP (Relationship and Sexual Violence Phone Line) 919-618-7273
University Police 9-1-1 Emergencies 919-515-3000 Non-emergencies Assistance with criminal complaints
Equal Opportunity and Equity
Guidelines
Office of the Chancellor Box 7001 / A Holladay Hall Raleigh, North Carolina 27695-7001 919.515.2191
MEMORANDUM TO:
All University Faculty, Staff and Students
FROM:
W. Randolph Woodson, Chancellor
SUBJECT:
Equal Opportunity and Non-Discrimination Policy
DATE:
August 6, 2012
NC State University strives to create a campus culture that values diversity and respects the inherent worth of each member of our community. It is essential that NC State demonstrate its strong position against discrimination, harassment, and retaliation. NC State’s Equal Opportunity and Non-Discrimination Policy Statement provides that discrimination and harassment based on race, color, religion, creed, sex, gender identity, gender expression, national origin, age, disability, veteran status, genetic information, or sexual orientation is a form of discrimination and will not be tolerated.1 As Chancellor, I commit NC State to fulfilling its duties to prevent and address the intolerance and incivility that can lead to discriminatory actions, not only out of legal obligation but out of moral responsibility. Every employee and student in the university community should behave in a manner that contributes to an environment free of discrimination and harassment and should bring concerns about these behaviors to the attention of one’s supervisor, the Office for Institutional Equity and Diversity, Student Conduct, Human Resources or the Office of General Counsel. NC State promptly investigates and addresses equal opportunity complaints, and disciplinary action will be instituted when necessary. In addition to reminding all students, faculty and staff that NC State will not tolerate discrimination or harassment of any individual within our community, I fully endorse NC State’s discrimination and harassment prevention efforts. As such, incoming students are informed of their equal opportunity rights during orientation programs, and all employees must participate in a workshop related to preventing and responding to discrimination and harassment. Copies of equal opportunity-related policies are located on the University’s policy website (http://policies.ncsu.edu/) and are also available in the offices of one’s dean, Institutional Equity and Diversity, Human Resources, General Counsel, and Student Conduct. NC State’s Office for Institutional Equity and Diversity (http://www.ncsu.edu/oied) is a resource on campus dedicated to addressing equal opportunity-related questions or concerns. Thank you for your attention to this important matter and for everything you do to make NC State an exceptional place to work and to learn.
1 NC State policies reflect federal and state civil rights laws including but not limited to: Title IX of the Education Amendments, Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.
North Carolina State University is a land-grant university and a constituent institution of the University of North Carolina.
Welcome With over 34,000 students and nearly 8,000 faculty and staff, North Carolina State University is a comprehensive institution globally recognized for its leadership in education and research. NC State is committed to diversity and excellence in its faculty, staff, students, and program offerings. Accordingly, NC State seeks to foster an environment conducive to teaching and learning, facilitates integrity and social justice, and promotes intellectual growth and development. As an institution of higher education in an increasingly diverse and pluralistic society, the university has the responsibility for enhancing openness to a range of ideas and human possibilities. To achieve its educational mission, NC State must foster an atmosphere of mutual respect, one which is free from intolerance and offers equal opportunity to all. Every member of the university community shares the responsibility for addressing incidents of disrespect for the dignity of others, including acts of discrimination, bigotry, harassment, exclusion, abusive language, or mistreatment of individuals or groups. Every member of the campus community has the responsibility to work collectively to ensure non-discrimination and to enhance diversity among the faculty, staff, and students. The information contained in these “Guidelines� is intended to assist you in helping to make NC State a great place to work and to learn.
What is Equity and Diversity and Why Does it Matter at NC State?
NC State University is a land grant institution. The mission of land grant institutions is to serve the people of North Carolina and promote the economic, social, and political welfare of the State. This requires the community at NC State to be open and inclusive to meet the needs of North Carolinia’s citizens.
NC State Fall 2011 Population Data
Who Benefits From Equity and Diversity?
We all do! Studies show that people engaged in developing cultural competence experience: • Increased cognitive complexity (Antonio et al., 2004) • Better problem-solving (Chang, 2002), and • Enhanced perspective taking and improved decision making (Gurin, Dey,Hurtado, & Gurin, 2002)
Laws and Protected Classes There are federal and state laws as well as university policies, that promote equal opportunity. A protected class is a group of people who share common characteristics or factors that cannot be targeted for harassment or discrimination. Everyone belongs to one or more protected class.
Protected Classes
Protected classes, also referred to as protected categories, are the groups to which people can belong that have been afforded protections from discrimination and harassment under federal or state law, or university policy. The protected classes are: race disability color national origin religion veteran status sex* genetic information creed sexual orientation age * Including gender expression and gender identity
The Laws That Govern Protections
Federal Laws • Title VII of the Civil Rights Act of 1964 Protects people from discrimination and harassment on the basis of one’s race, color, religion, national origin, or sex. • Title IX of the Education Amendments of 1972 Protects people from discrimination and harassment on the basis of one’s sex. This law promotes gender equity at institutions that receive federal funds. • Age Discrimination in Employment Act of 1967 Protects people age 40 and over from discrimination and harassment on the basis of age. • Vietnam-Era Veterans Readjustment Assistance Act of 1974 Protects United States military veterans from discrimination and harassment in employment on the basis of their military service. • Americans with Disabilities Act of 1990 Protects people from discrimination and harassment on the basis of a mental or physical handicapping condition, or the perception thereof. • Genetic Information Non-Discrimination Act of 2008 Protects people from discrimination and harassment on the basis of one’s protected genetic (health-related) information. State Law • Creed North Carolina General Statutes afford NC residents additional protections under creed, which is a set of sincerely held beliefs that may be, but not are not required to be, associated with a particular religion. NC State University Policy • Sexual Orientation NC State University Policy protects people from discrimination and harassment on the basis of one’s sexual orientation within the university.
Discrimination, Harassment and Retaliation At NC State University, discrimination is unlawful or unfair treatment based on membership in one or more of the protected categories. Discrimination is categorized in two forms: 1) disparate treatment – negative consequences based on your membership in a protected category; and 2) disparate impact – employment practices fall more harshly on one protected group than on others. Harassment is unwelcome conduct based upon membership in one or more protected classes that creates either (1) a quid pro quo (“this for that”) situation, or (2) a hostile working or learning environment.
Retaliation is defined as conduct causing any interference, coercion, restraint, or reprisal against a person complaining of discrimination or harassment or participating in the resolution of a complaint of discrimination or harassment. Retaliation is strictly prohibited by university policies.
If You Feel Discriminated Against or Harassed Members of the university community have both rights and responsibilities related to resolving harassment complaints. Make sure you understand these clearly and seek assistance if you need clarification. Your Rights It is your right to work and/or learn in a harassment-free, discrimination-free environment. It is your right to have your concerns treated in a prompt and confidential manner. It is your right to seek assistance from someone other than your direct supervisor. Your Responsibilities You are responsible for understanding and complying with the equal opportunities-related policies. You are responsible for knowing whom to contact for assistance in resolving your concerns.
What You Should Do
• Say No! If you feel safe doing so, inform the other party that the behavior is offensive and unacceptable. Ig Ignoring the behavior will often be taken as tacit consent. Say no. Make it clear. But remember that it’s usually not necessary to blast the other party. Talk about how you might interact more effectively and what changes are desired. • Document! Keep a record of dates, places, times, and witnesses of harassing behavior. • Be Informed! Read the Equal Opportunity and Non-Discrimination Policy and the Resolution Procedures for Discrimination, Harassment and Retaliation Complaints found at the end of this book. • Seek Help! Seek advice and be informed about the options for resolving concerns. • File a Complaint! You may submit a harassment complaint online by using the online Complaint Form, or you may contact the Office for Institutional Equity & Diversity at 919-515-3148.
Special note to SPA Employees: You must follow the SPA Grievance Process if you wish to retain your appeal rights through the Office of State Personnel. Be sure to discuss your concerns with someone in the Employee Relations section of Human Resources.
Can You Recognize Discrimination and Harassment? Sometimes discrimination and harassment can become so severe that it is easily recognized. However, there are times when people do not recognize that they are being treated unfairly or that they are treating others in a manner that is offensive. Read the scenarios below. Can you recognize discrimination and harassment?
Is this harassment or discrimination?
Answers:
A. “I always knew you people couldn’t do this kind of work.” The words seemed to hang in the air. Was she serious? “Everyone knows that Mexicans are good for two things, and two things only!” She scowled as she deleted everything I had just typed into the spreadsheet. I didn’t know what to say. Tears filled my eyes. I couldn’t let her see me cry. I got up and walked to the door. All I could muster was a feeble protest, “I’m from Bolivia.” Never turning to see if she had even reacted, I shut the door behind me.
A. In this example, the person from Bolivia is being treated negatively because of the other person’s assumption about ethnicity. This certainly seems to be creating an unwelcomed environment and determining whether any additional actions are taken (e.g., exclusion from other work assignments, taunting or name calling, etc) would help clarify whether this is enough to substantiate a claim of harassment or discrimination. At minimum, it is disrespectful behavior that is not appropriate for the NC State community.
B. “That will be the last phone call you make here!” He glared over the rim of his glasses as my outstretched arm froze in place just inches from the guest phone receiver on the side table of his office. “Is that a threat?” I retorted, partly in confusion and partly in disgust. His response was as cold. “It’s not a threat, Love. It’s a promise.” With that, he turned his back and looked casually out of his window. The courtyard below was littered with students scrambling to and fro. “Why me?” I thought. “Why now? I’m so close to graduation. I need this reference for grad school. Maybe if…” I finally broke the silence that had enveloped the room. “No one will find out, right?” I could see a smug grin crawling across his face. C. Clark, an administrative assistant who is also the receptionist at the front desk of the building, is a nice man who talks to everyone. Recently, he became more involved with his religion. Clark has placed some pictures and figurines on the front desk that reflect Christian sayings and events. Clark now constantly talks to all of the employees about his personal salvation and their spiritual well-being. One day, Clark is talking adamantly about his Christian-based beliefs to Bonnie, an employee who many people believe is Muslim. Bonnie’s body language and facial expressions tighten like the conversation is making her uncomfortable. Clark, sees her discomfort but gets louder and more passionate about his religious views as the conversation continues.
B. This is an example of quid pro quo sexual harassment. In addition, this may be a violation of NC State’s Interpersonal Relationship Among Faculty, Staff and Students Policy. C. Bonnie may feel that she is in a hostile environment because of Clark’s persistence on spreading his religious beliefs. If Clark continues this behavior, he could be setting himself up for a claim of workplace harassment based on religion.
In each of these situations there are obviously different points of view and different beliefs and/or values being shown. The world around us, including NC State is filled with differences. Differences are not divisive, but disrespect is. When we assume that our ideas and our beliefs supersede those of another, our behavior reflects that assumption. Typically, the most common cause of disagreements, disputes, and even violence against one another stems from disrespectful words and actions towards someone else. Be fair, be inclusive, be thoughtful. It is possible to respectfully disagree with someone. It is possible to misunderstand what someone’s intentions are. Have the difficult conversations and truly get to know the people with whom you live, work, and learn. That is the Wolfpack Way!
Title IX Title IX of the Education Amendments of 1972 is a law designed to promote equity in education with regard to sex. Title IX prohibits discrimination based on sex in all federally funded educational programs and activities, which includes (but is not limited to) recruitment, student admissions, financial assistance, housing, access to academic offerings, and athletics.
Institutions have several obligations under Title IX. Institutions must: • Provide assurances that all educational programs and activities are in compliance with Title IX, • Designate a responsible employee, the Title IX Coordinator, to oversee compliance efforts, • Establish procedures to resolve student and employee Title IX complaints, • Provide notification to students and employees that sex discrimination is prohibited within the university’s programs and activities, and • Ensure that all administrators, managers, deans and chairs familiarize themselves with, and implement, Title IX provisions. Title IX’s prohibition of sex discrimination includes sexual harassment and sexual violence. In 2011, the Office for Civil Rights issued a “Dear Colleague Letter” offering guidance as to how incidents of sexual violence should be responded to by educational institutions. Important points in the guidance include: • Sexual violence is defined as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., rape, sexual assault, sexual battery, and sexual coercion). • Once a school knows (or reasonably should have known) of possible sexual violence, it must take immediate and appropriate action to investigate or otherwise determine what occurred. • A school may be held liable if a school official with the authority to take corrective action had “actual knowledge” of the harassment but failed to adequately respond. • A school must take steps to protect the complainant as necessary, and must provide a procedure for students to file complaints of sex discrimination, including sexual violence. For more information: Title IX Coordinator Joanne Woodard, Vice Provost for Institutional Equity & Diversity Office for Institutional Equity & Diversity Phone: 919-513-3148 Web: www.ncsu.edu/oied/title_ix
ADA The Americans with Disabilities Act (ADA) is a law designed to reduce or eliminate additional barriers and challenges experienced by individuals due to disabilities. One way in which the ADA reduces barriers is by requiring institutions to provide reasonable accommodations for individuals who are eligible under the law.
The ADA defines an individual with a disability as one who: • has • has a record of, or • is regarded as having a physical or mental impairment that substantially limits a major life activity. A major life activity is a basic activity that the average person in the general population can perform with little or no difficulty. Examples include, but are not limited to: • Caring for Oneself • Breathing • Performing Manual Tasks • Concentrating • Walking • Learning • Seeing • Working • Hearing • Sitting • Speaking • Standing • Lifting A reasonable accommodation may be requested by a student, employee, or community member participating in a university program or event. A reasonable accommodation is any change in the working or learning environment or the way things are done that enables a person with a disability to enjoy equal opportunity. Reasonable accommodations must be provided to qualified individuals unless they pose an undue hardship to the university. To be a qualified individual with a disability means that one satisfies the requisite skill, experience, education, and other job- or academic-related requirements of the program/position, and that the individual can fulfill the essential functions of the program/position with or without a reasonable accommodation. For more information: Faculty/Staff: ADA Coordinator -- Amy Circosta, Associate Vice Provost for Equal Opportunity and Equity Phone: 919-515-3148 Web: www.ncsu.edu/oied/eoe/ada Students: Disability Services Office 2221 Student Health Services Phone: 919-515-7653, TTY: 919-515-8830 Web: www.ncsu.edu/dso
Interpersonal Relationships NC State has high standards of professional and ethical conduct, specifically with respect to interpersonal relationships. The university has a policy, “Interpersonal Relationships Between Faculty, Staff, and Students,� to provide assurance that all students and employees are able to learn and work in an environment where they can be objectively supervised, instructed, or evaluated.
At NC State, building personal relationships, in addition to existing professional relationships, is encouraged within our community. Getting to know others and gaining friendships are key components to a welcoming and respectful environment. In building relationships, it is natural to become closer to some individuals over others. In an effort to ensure objectivity and equal opportunity, NC State outlines certain relationships that are prohibited in a supervisor/ supervisee capacity. NC State employees should not have any professional authority over employees or students with whom they are engaged in amorous or familial relationships. It is more difficult to objectively supervise one’s brother, or one’s girlfriend. The issue of interpersonal relationships in the professional context is related to equal opportunity because it is not uncommon for these relationships to lead to sexual harassment complaints, for instance: • An employee or student feels compelled to agree to romantic overtures offered by an authority figure due to the power imbalance in the professional relationship (i.e., “If I don’t go on a date with this professor, I may not get the ‘A’ I need in this class.”). • Third party complaints when an individual perceives that a colleague is in a relationship with an authority figure, such as a department head or director, and consequently believes that individual is being treated more favorably than others due to that non-professional relationship (i.e., “Mike was just offered a great new lab space, but I’m sure it’s because he’s married to the department head.”). Any individual who finds her/himself in a situation that may fall under the “Interpersonal Relationships Among Faculty, Staff, and Students Policy” should contact the Office for Institutional Equity and Diversity. In many circumstances, alterations can be made to the supervisory hierarchy so that the reality, and the semblance, of objectivity is protected.
Resources University Police 9-1-1 Emergencies 919-515-3000 Non-emergencies Assistance with criminal complaints
Whom You Should Contact for Assistance You are encouraged, and you should feel free, to seek assistance, information, and guidance within NC State from any of these resources: Your Supervisor Employees with a concern in the workplace Your Adviser Students with a concern about any other person, university policy, or procedure Office for Institutional Equity & Diversity 515-3148 Any person with an equal opportunity-related concern about any other person Human Resources - Employee Relations 515-6575 Employees with a a workplace-related concern about any other employee Office of Student Conduct 515-2963 Any person with a concern about a student University Police 911 for Emergencies 919-515-3000 for Non-emergencies Any person who wishes to file a criminal complaint about another person
The OIED provides education, compliance, and outreach programming to the NC State community with a commitment to engaging the campus in best practices that advance cultural competency among students, faculty, and staff. Become Involved Check out this website for a list of committees, advisory groups, and other great involvement opportunities! http://oied.ncsu.edu/oied/diversity/diversity_committees.php Stay Informed This website will connect you with several university policies, procedures, and additional resource information related to equal opportunity and diversity. http://oied.ncsu.edu/oied/subscribe.php#digest Get Educated This website will provide you information about upcoming workshops, programs, and certification series on a wide variety of equal opportunity-related and diversity-related topics! http://oied.ncsu.edu/oied/education.php http://www.ncsu.edu/eoi/
Office for Institutional Equity & Diversity Campus Box 7530, 231 Winslow Hall, Raleigh, NC 27695 Phone: 919-515-3148 Website: www.ncsu.edu/oied
We bring the offices of Equal Opportunity & Equity, Diversity & Inclusion, and Multicultural Student Affairs together with three campus centers: the African American Cultural Center; the Gay, Lesbian, Bisexual, and Transgender (GLBT) Center; and the Women’s Center. We look forward to serving your needs. Multicultural Student Affairs (MSA) 1107 Pullen Hall, Campus Box 7314 Raleigh, NC 27695-7314 Phone: (919) 515-3835 Fax: (919) 515-8078 multicultural@ncsu.edu African American Cultural Center 355 Witherspoon Student Center, Campus Box 7318 Raleigh, NC 27695-7318 Phone: (919) 515-5210 Fax: (919) 515-5173 aaculturalcenter@ncsu.edu Women’s Center 324 Harrelson Hall, Campus Box 7306 Raleigh, NC 27695-7306 Phone: 919.515.2012 Fax: 919.515.1066 womenscenter@ncsu.edu GLBT Center 360 Harrelson Hall, Campus Box 7295 Raleigh, NC 27695-7295 Phone: 919.513.9742 Fax: 919.513.3144 glbtcenter@ncsu.edu
Equal Opportunity and Non-Discrimination Policy (POL 04.25.05) 1.1. 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. Accordingly, the North Carolina State University (“NC State”) does not practice or condone unlawful discrimination in any form, as defined by this policy 1 NC State hereby affirms its desire to maintain a work environment for all employees and an academic environment for all faculty members and students that is free from all forms of prohibited discrimination. NC State strives to build and maintain an environment that supports and rewards individuals on the basis of such relevant factors as ability, merit and performance; the prohibited behaviors of discrimination, harassment and retaliation are incompatible with the values and goals of NC State. 1.2 Discrimination as defined in Section 3 is a violation of this policy and will not be tolerated by NC State.
2. RESPONSE TO PROHIBITED BEHAVIOR 2.1 NC State will respond promptly to all complaints of discrimination, harassment and retaliation. Violation of this policy can result in serious disciplinary action up to and including expulsion for students or discharge for employees. 2.2 Disciplinary action for violation of this policy will be the responsibility of the dean or director, supervisor, or Office of Student Conduct, as may be appropriate in accordance with applicable procedures.
3. DEFINITIONS 3.1 Discrimination 3.1.1 Discrimination is unequal and unlawful treatment based upon race, color, religion, creed, sex 2 national origin, age, disability, or veteran status. Discrimination based on sexual orientation is also prohibited by this policy. 3
3.2 Harassment 3.2.1 Harassment is unwelcome conduct based upon race, color, religion, creed, sex, national origin, age, disability, veteran status, or sexual orientation that either 1) creates a quid pro quo situation, or 2) creates a hostile working or learning environment. 3.2.1.1 Quid Pro Quo harassment occurs when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, employment decisions, academic advancement, or receipt of a needed or legitimately requested university service; or submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual in matters of employment, employment decisions, academic advancement or receipt of a needed or legitimately requested university service. 3.2.1.2 Hostile Environment harassment occurs when both a reasonable person would find the conduct hostile or abusive and the person who is the object of the conduct perceives the conduct to be hostile or abusive. A hostile environment is determined by looking at all of the circumstances, including the frequency of the conduct, the severity of the conduct, and whether the conduct unreasonably interferes with one’s work or academic performance.
3.3 Retaliation 3.3.1 Retaliation is an adverse action against a covered individual because that individual engaged in a protected activity. 3.3.1.1 “Protected activity” includes: 1) opposing a practice believed to be a violation of this policy; 2) participating in a proceeding intended to resolve a violation of this policy; or 3) requesting a reasonable accommodation based on disability or religion.
4. VIOLATIONS OF POLICY 4.1 Any individual with a concern, grievance or complaint of discrimination, harassment or retaliation should use the procedures outlined in the Resolution Procedures for Discrimination, Harassment and Retaliation Complaints. 1. This policy reflects federal and state civil rights laws such as: Title VII of the Civil Rights Act, Title IX of the Education Amendments, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, among others. 2. The policy’s prohibition against discrimination on the basis of sex includes actual or perceived gender identity and gender expression. 3 .NC State does not allow discrimination nor harassment on the basis of sexual orientation with respect to internal university matters that do not contravene federal or state law and that do not interfere with NC State’s relationships with outside organizations, including the federal government, the military, ROTC, and private employers.
Resolution Procedures for Discrimination, Harassment and Retaliation Complaints (REG 04.25.02) 1. SCOPE These procedures are to be used to resolve complaints of discrimination, harassment and retaliation (see Equal Opportunity and Non-Discrimination Policy for definitions). This regulation covers behavior on the part of faculty, staff, students and others affiliated with North Carolina State University (“NC State”) that constitutes prohibited discrimination, harassment or retaliation, and that takes place within the scope of their work, academic or other campus related activities and/or university responsibilities.
2. COVERED PERSONS 2.1 All individuals employed by NC State. 2.2 All individuals enrolled as students at NC State. 2.3 Individuals who are visitors or otherwise affiliated or involved with activities at NC State.
3. DEFINITIONS 3.1 Complainant: A complainant is an individual who complains of discrimination, harassment or retaliation as defined by the Equal Opportunity and Non-Discrimination Policy. 3.2 Respondent: A respondent is the individual (or individuals, unit, or agency) named by the complainant as the person (or persons) engaging in alleged discriminatory, harassing or retaliatory conduct. 3.3 Witness: A witness is a participant in an investigation of discrimination, harassment or retaliation. 3.4 Complaint: Allegations of discriminating, harassing, or retaliatory conduct submitted to OEO. 3.5 Grievance: A grievance submitted by an employee pursuant to the SPA, EPA non-faculty or faculty grievance procedures. 3.6 Investigator: A university administrator appointed by the Office for Equal Opportunity (“OEO”) to investigate a complaint.
4. CONFIDENTIALITY All complaints and proceedings related to discrimination, harassment or retaliation will be subject to the university’s legal obligations to assure resolution and normally will be kept confidential to the extent permitted by law. However, information about discrimination, harassment and retaliation complaints may be shared where necessary to investigate, prevent or remedy the prohibited conduct.
5. DEPARTMENTS TO CONTACT FOR COMPLAINT SUBMISSION 5.1 Office for Equal Opportunity: OEO works to address concerns of discrimination, harassment and retaliation. OEO accepts complaints from students, staff, faculty and others associated with the campus community. 5.2 Human Resources-Employee Relations (“HR-ER”): HR-ER assists NC State employees in resolving a variety of workplace concerns and houses the SPA employee and EPA non-faculty grievance processes. HR-ER accepts complaints and grievances alleging discrimination, harassment or retaliation and forwards them to OEO for investigation. Grievances submitted to HR-ER will be held in abeyance until the completion of this regulation’s resolution process. 5.3 Faculty Senate: Faculty grievances must be submitted to the chair of the faculty. 5.4 Office for Student Conduct (“OSC”): OSC addresses student conduct and accepts complaints of inappropriate behavior against students, including discrimination, harassment and retaliation.
6. PROCEDURAL REQUIREMENTS 6.1 Complaints under this regulation must be initiated with OEO (directly or through HR-ER) within 30 calendar days of the most recently alleged discriminatory, harassing or retaliatory action. 6.2 An SPA employee must complete an “SPA Grievance Form” within 30 days of the alleged incident of discrimination, harassment or retaliation to preserve his or her right to file an appeal to the State Personnel Commission. 6.3 Filing a complaint pursuant to these procedures does not bar an individual from filing a claim of discrimination, harassment or retaliation with a state or federal agency.
7. PRELIMINARY REVIEW OF A COMPLAINT 7.1 Once a complaint or grievance has been initiated with OEO, the investigator shall determine within a reasonable amount of time whether the complaint alleges facts that, if true, may demonstrate discrimination, harassment or retaliation in violation of NC
Resolution Procedures for Discrimination, Harassment and Retaliation Complaints Continued State’s Equal Opportunity and Non-Discrimination Policy. The complainant is responsible for providing reasons for the basis of his or her complaint to the investigator. 7.1.1 When the preliminary review of the complaint indicates the allegations within the complaint do not constitute a violation of NC State’s Equal Opportunity and Non-Discrimination Policy, the investigator shall terminate the complaint resolution process. Termination of the complaint resolution process following a preliminary review bars the issue from other university complaint/ grievance resolution processes.
8. INVESTIGATION OF A COMPLAINT 8.1 When a preliminary review indicates that the complaint has brought forth allegations that, if true, might demonstrate a violation of NC State’s Equal Opportunity and Non-Discrimination Policy, the investigator shall initiate a thorough review of the situation. 8.2 The respondent named in a complaint shall be contacted within a reasonable time by the investigator, informed that an investigation has been initiated, and given the opportunity to respond. 8.3 The investigation shall be completed within 60 days of filing the complaint pursuant to these procedures, but the investigation period may be extended when the investigator believes it necessary for an equitable resolution of the situation. 8.4 At the conclusion of the investigation, the investigator will prepare a report. The investigator will submit the report to the unit head of the respondent or OSC and notify the parties that the report has been submitted. A copy of the investigation report will be provided to the appropriate dean or vice chancellor.
9. ADMINISTRATIVE ACTION 9.1 The unit head will determine what action, if any, is appropriate after reviewing the report and any additional information the unit head considers relevant. The unit head shall consult with university offices (Office of General Counsel, OEO, and HR-ER, OSC, or Academic Affairs) for guidance in taking appropriate action. 9.2 If the report indicates there has been a policy violation or other improper conduct by the respondent, the unit head will inform the respondent that a decision has been made and notify the respondent of any administrative action taken. 9.3 An investigation report shall be treated as confidential to the extent that it contains student information protected under federal privacy law or employee information protected under state law. Violation of this confidentiality requirement may result in disciplinary action (this applies to complainants, respondents and witnesses). Confidential student and employee information includes information that can identify persons who are complainants, respondents or witnesses. 9.4 The unit head will inform the complainant in writing that a decision has been made, whether or not a policy violation was found, and if a policy violation was found, that appropriate action is being taken to address the violation. 9.5 As required by privacy laws, complainants will not be told what disciplinary action, if any, is being taken, unless release of such information is deemed by the unit head to be essential to maintaining the integrity of the department or to maintaining the level or quality of services provided by the department. 9.6 The unit head will inform OEO of any corrective or disciplinary action(s) taken to address the policy violation(s) or concerns identified in the investigation report.
10. INFORMAL RESOLUTION 10.1 At any time from the filing of the complaint to the conclusion of the university investigation, a complaint may be resolved informally provided (1) the complainant(s) and respondent(s) mutually agree to the terms and conditions of the proposed settlement, and (2) OEO approves the proposed settlement. 10.2 At any time from the filing of the complaint to the conclusion of the university investigation, either party or the university may suggest a confidential, non-binding mediation of the dispute. Both parties must agree to participate in the mediation and agree to the resolution that arises from the mediation. In addition, OEO must approve the proposed agreement. 10.3 Depending on the circumstances, and even when complaints have been informally resolved, NC State retains the right to investigate and address a complaint involving alleged discrimination, harassment or retaliation.
Interpersonal Relationships among Faculty, Staff and Students
(POL 04.20.06)
1. INTRODUCTION 1.1 At the heart of the University experience is the interaction among faculty, staff and students. Interactions among members of the University community can and should be the occasion for enhancing freedom, demonstrating integrity and encouraging mutual respect. This policy serves to further these goals and to uphold the University’s high standards of professional and ethical conduct. The intent of this policy is to provide assurance that all students and employees are able to learn or work in an environment where they can be objectively supervised, instructed, or evaluated. This policy defines appropriate and inappropriate conduct with respect to interpersonal relationships among faculty, staff, and students.
2. DEFINITIONS 2.1 Amorous Relationship A relationship when, without the benefit of marriage, two persons voluntarily have a sexual union, or engage in a romantic partnering or courtship that may or may not have been consummated sexually.
2.2 Related Persons Persons who are related to another as parent/child, grandparent/grandchild, husband/wife, brother/sister, aunt/uncle, niece/ nephew, first cousin, and domestic partner. Also included as related persons are the step, half and in-law relationships as appropriate based on the above listing as well as guardian/ward and anyone living in the same household or whose relationship is so closely identified with another as to suggest a conflict. In cases of related persons other than blood relatives, the policy continues to apply after the termination of the relationship until such time as there is no effect upon impartiality.
2.2.1 Familial Relationship A relationship between two related persons.
2.3 Educational Responsibility Responsibility that includes but is not limited to teaching a course; directing an independent study, thesis, or dissertation; participating on a graduate advisory committee; employing a teaching or research assistant; making decisions regarding grades, honors, or degrees; considering disciplinary action for a student; or any other action that assesses, determines, or influences academic performance, progress, or potential.
2.4 Employment-Related Decision A decision that includes but is not limited to one relating to the search, selection, or appointment of an individual to employment; establishing the terms and conditions of employment; establishing compensation; evaluating work performance; voting for or otherwise considering reappointment, promotion, or tenure; issuing disciplinary action; or any other action that assesses, determines, or influences work performance, career progress, or other employment status.
3. PROHIBITED CONDUCT 3.1 Relationships with Students Students look to faculty members and other members of the University who serve in leadership or mentor roles for guidance and depend upon them for advice, assessment and advancement. An amorous relationship or familial relationship between a student and either a faculty member, graduate assistant, or other University employee who has evaluative or supervisory responsibility for that student can impair or undermine the ongoing trust needed for effective teaching, learning and professional development. Both the fact and semblance of any exploitation must be avoided because such relationships raise concerns about consent and fair treatment of students. Therefore, it is misconduct, subject to disciplinary action, to engage in an amorous relationship with any enrolled student for whom an employee has any instructional, research, administrative or other University employment responsibility, or authority to evaluate, supervise, or otherwise have educational responsibility for. Additionally, it is misconduct, subject to disciplinary action, for an employee, incident to any instructional, research, administrative or other University employment responsibility, or authority to evaluate, supervise, or otherwise have educational responsibility for an enrolled student with whom the employee has a familial relationship.
Interpersonal Relationships among Faculty, Staff and Students Continued 3.1.1 Sexual Activity with a Minor
It is misconduct, subject to disciplinary action, for any University employee to engage in sexual activity with any enrolled student of the Institution, other than his or her spouse, who is a minor as defined by North Carolina law.
3.2 Relationships with Employees Standards for the selection, compensation, promotion, discipline and other terms and conditions of University employees are based on an employee’s qualifications, ability, performance, and conduct. Employees look to their superiors for guidance and depend upon them for coaching, evaluation and career advancement. An amorous relationship or familial relationship between two employees, in which one employee may make an employment-related decision that directly affects the other, can impair or undermine the ongoing trust needed for effective departmental operation and individual professional development. Both the fact and semblance of any exploitation must be avoided because these relationships raise concerns about consent and fair treatment of employees. Therefore, it is misconduct, subject to disciplinary action, for a University employee, either individually or as a member of a group or committee, to participate in or make any employment-related decision that will directly affect an employee with whom he or she has an amorous relationship or familial relationship.
4. DISCIPLINARY ACTION If disciplinary action is brought against a University employee for a violation of this policy, such disciplinary action shall be conducted in accordance with existing University policies and procedures for pursuing disciplinary action against members of the category of employees of which the affected employee is a member.
5. RESOURCES Questions concerning this policy may be referred to the Office for Equal Opportunity, Human Resources, or the Office of General Counsel.
Office for Institutional Equity & Diversity Campus Box 7530, 231 Winslow Hall, Raleigh, NC 27695 Main Number: 919-515-3148 Website: www.ncsu.edu/oied
About Us The Office for Institutional Equity and Diversity (OIED) is committed to fostering an inclusive, accessible, and diverse intellectual and cultural campus experience related to the mission of North Carolina State University (NC State). The OIED facilitates efforts to ensure equity and opportunity, increases awareness of diversity issues through education, and strengthens relationships across diverse groups. Through these efforts, the OIED promotes cultural competence development. By providing guidance, programming, and outreach to constituent groups and the community, and by adhering to accountability and compliance standards, the OIED prepares NC State students, faculty, and staff for local, state, national, and global collaboration.