Unlawful Harassment Policy Statement

REG 04.25.04

Non-Discrimination

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: August 30, 1999. Endorsed by the University Council, August 9, 1999. Amendments endorsed by the University Council on August 21, 2000.

Additional References:
SPA Grievance and Appeals Procedures

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

1. Policy Statement

1.1. Harassment based upon race, color, religion, creed, sex, national origin, age, disability or veteran status is a form of discrimination in violation of federal and state law and North Carolina State University policy, and will not be tolerated. It is the internal policy of North Carolina State University to prohibit harassment on the basis of sexual orientation.

Retaliation against any person complaining of harassment is in violation of federal and state law and North Carolina State University policy, and will not be tolerated.

North Carolina State University will respond promptly to all complaints of harassment and retaliation. Violation of this policy can result in serious disciplinary action up to and including expulsion for students or discharge for employees.

Disciplinary action for violations 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.

1.2. North Carolina State University hereby affirms its desire to maintain a work environment for all employees and an academic environment for all faculty and students that is free from all forms of harassment. Harassment is completely incompatible with the values and goals of North Carolina State University and will not be tolerated. The university strives to maintain an environment that supports and rewards individuals on the basis of such relevant factors as ability, merit and performance.

2. Definitions

2.1. Harassment is unwelcome conduct, based upon race, color, religion, creed, sex, national origin, age, disability, veteran status or sexual orientation, that is either a condition of working or learning (quid pro quo) or creates a hostile environment.

Quid Pro Quo Harassment consists of unwelcome conduct when:

2.1.1. 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

2.1.2. 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.

2.2. Hostile Environment Harassment consists of unwelcome conduct when:

2.2.1. such conduct has the effect of unreasonably interfering with an individual's work or academic performance, or

2.2.2. such conduct has the effect of creating an intimidating, hostile or offensive working or learning environment.

2.3. Retaliation is conduct causing any interference, coercion, restraint or reprisal against a person complaining of harassment or participating in the resolution of a complaint of harassment.

3. Violations of Policy

3.1. Any individual with a concern, grievance or complaint of harassment should utilize the procedures outlined in Administrative Regulation - Resolution Procedures for Harassment Complaints.

3.2. Any individual with a concern, grievance or complaint of retaliation should utilize the procedures available under the Code of Student Conduct, the SPA Grievance and Appeals Procedures, or the Grievance Procedure for Faculty and EPA Professional Employees.

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