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Policy 110
 
Policy 110
 +
 
== Introduction ==
 
== Introduction ==
−
1.1 This policy prohibits all forms of discrimination and harassment based on protected class status. This policy also prohibits all forms of retaliation against any individual because of their participation in the reporting, investigation, or adjudication of alleged violations of this policy.
+
1.1 The purpose of this policy is to support Appalachian State University's (“University”) commitment to creating and maintaining an equitable and institutional environment free from Discrimination, Harassment, Retaliation, and Sex Based Misconduct.
 +
 
 +
1.2 This policy serves to address Prohibited Conduct which is adverse to the University’s commitment to preventing discrimination and harassment, as well as to provide oversight and an administrative framework for reporting, investigating, adjudicating, and resolving violations of this policy.
  
 
== Scope ==
 
== Scope ==
−
=== Individuals Covered by this Policy ===
+
2.1 This policy applies to all members of the University community, including students, employees, and other third parties who either participate in University programs or activities, or conduct business on behalf of the University, whether on or off-campus.
−
2.1.1 This policy applies to all members of the Appalachian State University community including students, faculty, and staff, as well as visitors and contractors.
+
−
 
+
−
=== Jurisdiction ===
+
−
2.2.1 The University has authority to address any prohibited conduct, as outlined in this policy, that occurs on university premises. The University also reserves the right to address off-campus behavior prohibited by this policy when it is determined that the off-campus behavior is detrimental to the University and its educational mission.  In making the determination of whether to address off-campus behavior pursuant to this policy, the Associate Vice Chancellor for Equity, Diversity and Compliance will consider the seriousness of the allegation, the risk of harm, whether those involved are members of the University community, whether alleged misconduct is part of a series of actions that occurred both on and/or off campus and other factors relevant to the impact of the alleged misconduct on the University community.
+
  
 
== Definitions  ==
 
== Definitions  ==
 +
=== Discrimination ===
 +
Conduct based on an individual's Protected Status that is an unlawful or otherwise prohibited preference for, or detrimental treatment of, one individual compared to other individuals. The conduct must be sufficiently serious to unreasonably interfere with or limit:
 +
:(a) an employee or employment applicant's access to employment, terms, conditions or benefits of employment;
 +
:(b) a student or admission applicant's ability to participate in, access or benefit from University programs, services, or activities; or
 +
:(c) a volunteer or visitor's ability to participate in, access or benefit from or deliver University's programs or services.
  
−
=== Definition phrase or word ===
+
=== Employees ===
−
: Definition summary
+
Individuals employed by the University including but not limited to employees full or part time who are SHRA, EHRA-NF, Faculty, Student Employees, and Postdoctoral fellows.
  
−
=== Associate Vice Chancellor for Equity, Diversity and Compliance ===
+
=== Harassment ===
−
:is defined as the Associate Vice Chancellor for Equity, Diversity and Compliance of Appalachian State University or their designee. The Associate Vice Chancellor serves as the University’s Title IX Coordinator.  The Associate Vice Chancellor may delegate the authority to perform any of the duties assigned to that official in this policy. All references to the Associate Vice Chancellor for Equity, Diversity and Compliance include any such designee.
+
Communication or conduct, including, but not limited to: verbal, physical, electronic, or written, that creates a Hostile Environment or involves a Quid Pro Quo exchange for an individual within a Protected Status that unreasonably interferes with the individual's:
 +
:(a) educational environment;
 +
:(b) work environment; or
 +
:(c) participation in a University program or activity.
  
−
=== Complaint ===
+
==== '''Hostile Environment''' ====
−
:A request by a person alleging the occurrence of discrimination, harassment or retaliation prohibited by this policy that the University address the alleged behavior through a formal process. All complaints must be reduced to writing, either initially or as part of an investigation.
+
:Conduct based on Protected Status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a University program or activity, thereby creating an environment in which a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute a Hostile Environment.
  
−
=== Confidential Resource ===
+
==== '''Quid Pro Quo''' ====
−
:A designated University office whose employees will not share information about or shared by the individuals involved in alleged violations of this policy without permission, unless there is a threat of serious harm to the individual or to others, or there is a legal obligation to reveal such information (e.g., suspected abuse or neglect of a minor).  The following offices/organizations are designated as Confidential Resources under this policy:
+
:Conduct based on Protected Status whereby submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual's education, employment, or participation in a University program or activity.
−
#Student Legal Clinic
+
−
#Student Health Services
+
−
#University Ombuds
+
−
#Counseling and Psychological Services
+
−
#Counseling for Faculty and Staff
+
−
#ComPsych or a similar service provider
+
  
−
=== Day ===
+
=== Prohibited Conduct ===
−
:Unless specifically indicated otherwise, a “day” is a business day on which the University is open.
+
Conduct which includes Discrimination, Harassment, Retaliation, or Sex Based Misconduct.
  
−
=== Discrimination ===
+
=== Protected Status ===
−
:Unlawful or otherwise prohibited distinction of, preference for, or detrimental treatment of, an individual as compared to other individuals that is based on an individual’s protected status (as defined in this policy) and that is sufficiently serious to unreasonably interfere with or limit:
+
Classes of individuals who receive certain protections under applicable federal and state law, and UNC System policies, due to their age, color, disability, gender, gender expression, gender identity, genetic information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status.
−
#An employee’s or employment applicant’s access to employment or terms, conditions and benefits of employment (e.g., hiring, advancement, assignment, etc.);
+
−
#A student’s or admission applicant’s ability to participate in, access, or benefit from educational programs, services, or activities (e.g., admission, academic standing, grades, assignment, campus housing, etc.);
+
−
#An authorized volunteer’s ability to participate in a volunteer activity; or
+
−
#A guest’s or visitor’s ability to participate in, access, or benefit from the University’s programs or deliver services. Discrimination includes failure to provide reasonable accommodations, consistent with state and federal law and university policy, to a qualified person with a disability.  Discrimination also includes failure to make religious accommodations consistent with state and federal law.
+
  
−
=== Harassment ===
+
=== Resolution Procedures ===
−
:Verbal, physical, electronic, or other conduct based upon an individual’s protected status (as defined in this policy) that creates a hostile environment or involves a quid pro quo exchange. Harassment occurs when this type of conduct unreasonably interferes with an individual’s:
+
Regulations governing University actions under this policy, commencing with the University’s initial receipt of alleged misconduct through final resolution.
−
#Educational environment (e.g., admission, academic standing, grades, assignment, etc.);
+
−
#Work environment (e.g., hiring, advancement, assignment, etc.);
+
−
#Participation in a University program or activity (e.g., campus housing, extra-curricular activities, etc.); or
+
−
#Receipt of legitimately requested services (e.g., disability or religious accommodations, etc.)
+
  
−
##Hostile Environment Harassment - Unwelcome conduct based on protected status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a university program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute hostile environment harassment.  
+
=== Retaliation ===
 +
Any adverse action against an individual, or an individual's spouse, partner, or other person with a close personal relation to the individual, for: (a) making or supporting a claim of Prohibited Conduct, (b) opposing any Prohibited Conduct, (c) participating in the reporting, investigation, or resolution of alleged violation(s) under this policy, or (d) otherwise engaging in a protected activity under this policy or other associated University policies. Examples of Retaliation include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report or complaint made in good faith was not substantiated.
  
−
##Quid Pro Quo Harassment - Unwelcome conduct based on protected status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual’s education, employment, or participation in a University program or activity. Examples of quid pro quo harassment may include, but are not limited to:
+
=== Sex Based Misconduct ===
−
###Promising a promotion or higher grade if an individual acquiesces to sexual advances;
+
==== '''Title IX Sex Based Misconduct''' ====
−
###Denying an employee a pay raise after the employee has declined a request for sexual favors from a supervisor; or
+
:Sex Based misconduct regulated by Title IX of the Education Amendments Acts which involves the sexual harassment or sex-based discrimination of an individual including instances involving quid pro quo harassment, sexual assault, dating violence, domestic violence, or sex-based stalking that occurred in the United States and in the University’s education program or activity.
−
###Action to deny membership in an organization to an individual who has declined a request for sexual favors from a leader or member of that organization.  
+
  
−
=== Protected Activity ===
+
==== '''Non-Title IX Sex Based Misconduct''' ====
−
:An individual’s good faith
+
:Sex Based misconduct that is not regulated by Title IX of the Education Amendments Acts due to the location or nature of the incident including quid pro quo harassment, discrimination, non-consensual sexual contact or intercourse, sexual exploitation, intimate partner violence, or stalking.
−
#participation in the reporting, investigation, or resolution of alleged violation(s) of this policy;
+
−
#opposition to policies, practices, or actions that the individual reasonably believes are violations of this policy; or
+
−
#requests for accommodations on the basis of religion or disability.
+
  
−
=== Protected Status ===
+
=== Student ===
−
:Consistent with federal and state law and policies of The University of North Carolina, the University prohibits discrimination and harassment based on the following protected statuses:
+
Individual who has accepted an offer of admission to the University; is currently enrolled in coursework or has registered for coursework at the University; has a continuing relationship with the University; is auditing coursework; or is participating in an educational program sponsored by or affiliated with the University. In general, the continuing relationship ends upon conferral of a degree, termination of the relationship, or a break in enrollment of twelve (12) consecutive months after the last semester attended at the University.
−
#Age: The number of years from the date of a person’s birth. With respect to employment, individuals who are forty (40) years of age or older are protected from discrimination and harassment.
+
−
#Color: An individual’s skin pigmentation, complexion, shade, or tone.
+
−
#Disability: A person who has a physical or mental impairment that substantially limits one or more major life activities; or has a record of such impairment; or is regarded as having such impairment. A qualified person with a disability is one who is able to perform the essential functions of the employment or volunteer position or the academic, athletic, or extra-curricular program, with or without reasonable accommodation.
+
−
#Gender: An individual’s socially constructed status based on the behavioral, cultural, or psychological traits typically associated with societal attribution of masculinity and femininity, typically related to one’s assigned sex at birth.
+
−
#Gender Identity: The gender with which an individual identifies psychologically, regardless of what gender was assigned at birth.
+
−
#Gender Expression: The outward manifestation of one’s gender identity, usually expressed through appearance, behavior, or mannerisms. A person’s gender expression may or may not be the same as the gender identity or assigned sex at birth.
+
−
#Genetic Information: Information about (a) an individual’s genetic tests; (b) a genetic disorder in family members of such individuals; and (c) the manifestation of a disease or disorder in family members of such individuals. Genetic information includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services by such individual or any family member of such individual.  
+
−
#National Origin: An individual’s actual or perceived country or ethnicity of origin.
+
−
#Political Affiliation: Membership in, participation in, or support of, a particular political party, group, or candidate.
+
−
#Race: An individual’s actual or perceived racial or ethnic ancestry as may be evidenced by physical characteristics, such as a person’s skin color, hair, facial features, height, and weight.
+
−
#Religion: All aspects of religious observance and practice, as well as sincerely held religious belief.
+
−
#Sex: An individual’s actual or perceived status of being biologically male or female, including pregnancy. Conduct of a sexual nature is conduct based on sex as a protected status.
+
−
#Sexual Orientation: The inclination or capacity to develop intimate emotional, spiritual, physical, and/or sexual relationships with people of the same sex or gender, a different sex or gender, or irrespective of sex or gender.
+
−
#Veteran Status: Covered veterans include disabled veterans, special disabled veterans, Vietnam era veterans, and other protected veterans as defined by federal and/or state law.  
+
  
−
=== Report ===
+
=== Third Parties ===
−
:A disclosure of information by a person alleging the occurrence of discrimination, harassment or retaliation prohibited by this policy. Filing a report may initiate or result in a formal complaint either by the Reporting Party or the University.
+
Individuals who either participate in University programs or activities, or conduct business on behalf of the University including but not limited to contractors, vendors, visitors, or guests.
  
−
=== Reporting Party ===
+
== Policy Statement  ==
−
:A person who submits a report regarding discrimination, harassment, or retaliation prohibited or reasonably thought to be prohibited by this policy.
+
=== Reporting ===
 +
4.1.1 '''Generally'''. Any person may report an allegation of Prohibited Conduct as defined in this policy. Individuals reporting allegations of Prohibited Conduct should report in accordance with the applicable Resolution Procedures within the Office of Access & Equity: Equal Opportunity (“EO”).
  
−
=== Responding Party ===
+
4.1.2 '''Required Reporting'''. The following employees are required to report any information that may indicate the occurrence of Prohibited Conduct based on the Protected Status of gender, gender expression, gender identity, sex, or sexual orientation to EO as promptly as possible, but in no event after seventy-two (72) hours of receipt: Faculty, Athletics Staff, Office of Human Resources Staff, University Housing Staff, and any University staff with supervisory responsibility.
−
:A person who is alleged to have committed violation(s) of this policy.
+
  
−
=== Responsible Employee ===
+
4.1.2.1 All Employees, not included above, should report information that may indicate the occurrence of Prohibited Conduct based on other Protected Statuses to EO as promptly as possible.
−
:Any employee of the University who has supervisory responsibilities, any employee of the Office of Human Resources,  any coach of an intercollegiate athletic team, and  any employee of the University’s Residence Life staff. Individuals identified as Confidential Resources are not considered to be Responsible Employees.
+
  
−
=== Retaliation ===
+
=== Applicable Procedures ===
−
:Any form of reprisal against an individual for engaging in protected activity under this policy. Retaliation may include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report made in good faith was not substantiated. Retaliation may be committed by the Responding Party, the Reporting Party, or any other individual or group of individuals.
+
4.2.1 The University’s Office of Access & Equity: Equal Opportunity (“EO”) responds to reports of prohibited conduct as outlined in this policy, and utilizes Resolution Procedures to address and remedy the alleged prohibited conduct. Resolution procedures shall be governed and administered by EO to ensure fair and equitable resolutions, which shall include due process protections for complainants and respondents. Such applicable procedures shall be made readily available through EO.
−
+
−
=== Title IX Responsible Employee ===
+
−
:Any employee listed as a Responsible Employee and any member of the faculty, as defined in the University’s Faculty Handbook. Individuals identified as Confidential Resources are not considered to be Title IX Responsible Employees.
+
  
−
=== University ===
+
=== Standard of Proof ===
−
:Appalachian State University, a constituent institution of The University of North Carolina, with its main campus located in Boone, North Carolina. This includes any officially designated location, program or activity of the University.
+
4.3.1 The evidentiary standard for all violations of this policy, utilized to determine whether an individual is responsible for an alleged violation(s), shall be a preponderance of the evidence. This standard is met when the evidence shows that it is “more likely than not” that the alleged Prohibited Conduct occurred.
  
−
== Policy and Procedure Statements  ==
+
=== Privacy and Confidentiality ===
−
 
+
4.4.1 Information obtained by the University in response to allegations of Prohibited Conduct shall be reviewed in a manner that considers an individual's preferences for privacy with the University’s legal obligations and its obligations to provide a safe and nondiscriminatory environment. Complete confidentiality cannot be guaranteed, and information may be shared as necessary to investigate or address the Prohibited Conduct, fulfill legal obligations, or pursuant to University policies.
−
=== Example policy 1 ===
+
−
 
+
−
 
+
−
=== Example policy 2 ===
+
  
 +
=== Enforcement ===
 +
4.5.1 The University shall enforce violations of this policy in accordance with applicable federal and state law, and UNC System policies. Violations of this policy may result in grounds for disciplinary action, up to and including termination or expulsion.
  
 
== Additional References ==
 
== Additional References ==
 +
:[https://studentconduct.appstate.edu/ Code of Student Conduct]
 +
:[[Equal Opportunity]]
 +
:[[EHRA Non-Faculty Grievances]]
 +
:[https://facultyhandbook.appstate.edu/ Faculty Handbook]
 +
:[[SHRA_Grievance_and_Appeal]]
 +
:[https://www.northcarolina.edu/apps/policy/index.php?pg=dl&id=10866&format=pdf&inline=1 The UNC Policy Manual, Chapter 100.1, The Code, Section 103]
  
 
== Authority ==
 
== Authority ==
−
 
+
:North Carolina Office of State Human Resources - Unlawful Workplace Harassment
 +
:North Carolina Office of State Human Resources - Reasonable Accommodation
 +
:The UNC Policy Manual, Chapter 100.1, The Code, Section 103
 +
:Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)
 +
:Section 504 of the 1973 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
 +
:Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)
 +
:Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994
 +
:Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)
 +
:Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.)
 +
:Title IX of the Education Amendments Act of 1972
 +
:Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990
 +
:Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)
 +
:Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)
 +
:Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)
 +
:Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.)
 +
:Age Discrimination Act of 1967 (29 U.S.C. 621 et seq.)
 +
:N.C. Gen. Stat. § 95-241
 +
:N.C. Gen. Stat. §§ 126-1.1, 126-5,126-7.1, 126-14, 126-14.1, 126-14.2, 126-16, 126-17, 126-34.01, 126-34.02, 126-82, 126-85
 +
:N.C. Gen. Stat. §§ 168A-3, 168A-5 168A-10
 +
:25 NCAC 01J .1101 and 25 NCAC 01J. 1302
  
 
== Contact Information ==
 
== Contact Information ==
−
 
+
:Office of Access and Equity [http://eo.appstate.edu/] (828-262-2144)
 +
:Office of Academic Affairs [https://academicaffairs.appstate.edu/] (828-262-2070)
 +
:Office of Human Resources [https://hr.appstate.edu/] (828-262-3186)
 +
:Office of Student Conduct [https://studentconduct.appstate.edu/] (828-262-2704)
  
 
== Original Effective Date ==
 
== Original Effective Date ==
 +
:March 6, 2012
  
 
== Revision Dates ==
 
== Revision Dates ==
 +
:June 23, 2012
 +
:April 24, 2014
 +
:December 8, 2015
 +
:June 21, 2017
 +
:July 31, 2018
 +
:March 2, 2020
 +
:August 14, 2020
 +
:November 4, 2022
 +
:July 26, 2023
 +
 +
[[Category:Contents]]
 +
[[Category:Governance and Administration]]

Latest revision as of 18:18, 15 August 2023

Policy 110

1 Introduction

1.1 The purpose of this policy is to support Appalachian State University's (“University”) commitment to creating and maintaining an equitable and institutional environment free from Discrimination, Harassment, Retaliation, and Sex Based Misconduct.

1.2 This policy serves to address Prohibited Conduct which is adverse to the University’s commitment to preventing discrimination and harassment, as well as to provide oversight and an administrative framework for reporting, investigating, adjudicating, and resolving violations of this policy.

2 Scope

2.1 This policy applies to all members of the University community, including students, employees, and other third parties who either participate in University programs or activities, or conduct business on behalf of the University, whether on or off-campus.

3 Definitions

3.1 Discrimination

Conduct based on an individual's Protected Status that is an unlawful or otherwise prohibited preference for, or detrimental treatment of, one individual compared to other individuals. The conduct must be sufficiently serious to unreasonably interfere with or limit:

(a) an employee or employment applicant's access to employment, terms, conditions or benefits of employment;
(b) a student or admission applicant's ability to participate in, access or benefit from University programs, services, or activities; or
(c) a volunteer or visitor's ability to participate in, access or benefit from or deliver University's programs or services.

3.2 Employees

Individuals employed by the University including but not limited to employees full or part time who are SHRA, EHRA-NF, Faculty, Student Employees, and Postdoctoral fellows.

3.3 Harassment

Communication or conduct, including, but not limited to: verbal, physical, electronic, or written, that creates a Hostile Environment or involves a Quid Pro Quo exchange for an individual within a Protected Status that unreasonably interferes with the individual's:

(a) educational environment;
(b) work environment; or
(c) participation in a University program or activity.

3.3.1 Hostile Environment

Conduct based on Protected Status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a University program or activity, thereby creating an environment in which a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, does not constitute a Hostile Environment.

3.3.2 Quid Pro Quo

Conduct based on Protected Status whereby submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual's education, employment, or participation in a University program or activity.

3.4 Prohibited Conduct

Conduct which includes Discrimination, Harassment, Retaliation, or Sex Based Misconduct.

3.5 Protected Status

Classes of individuals who receive certain protections under applicable federal and state law, and UNC System policies, due to their age, color, disability, gender, gender expression, gender identity, genetic information, national origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation, or veteran status.

3.6 Resolution Procedures

Regulations governing University actions under this policy, commencing with the University’s initial receipt of alleged misconduct through final resolution.

3.7 Retaliation

Any adverse action against an individual, or an individual's spouse, partner, or other person with a close personal relation to the individual, for: (a) making or supporting a claim of Prohibited Conduct, (b) opposing any Prohibited Conduct, (c) participating in the reporting, investigation, or resolution of alleged violation(s) under this policy, or (d) otherwise engaging in a protected activity under this policy or other associated University policies. Examples of Retaliation include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report or complaint made in good faith was not substantiated.

3.8 Sex Based Misconduct

3.8.1 Title IX Sex Based Misconduct

Sex Based misconduct regulated by Title IX of the Education Amendments Acts which involves the sexual harassment or sex-based discrimination of an individual including instances involving quid pro quo harassment, sexual assault, dating violence, domestic violence, or sex-based stalking that occurred in the United States and in the University’s education program or activity.

3.8.2 Non-Title IX Sex Based Misconduct

Sex Based misconduct that is not regulated by Title IX of the Education Amendments Acts due to the location or nature of the incident including quid pro quo harassment, discrimination, non-consensual sexual contact or intercourse, sexual exploitation, intimate partner violence, or stalking.

3.9 Student

Individual who has accepted an offer of admission to the University; is currently enrolled in coursework or has registered for coursework at the University; has a continuing relationship with the University; is auditing coursework; or is participating in an educational program sponsored by or affiliated with the University. In general, the continuing relationship ends upon conferral of a degree, termination of the relationship, or a break in enrollment of twelve (12) consecutive months after the last semester attended at the University.

3.10 Third Parties

Individuals who either participate in University programs or activities, or conduct business on behalf of the University including but not limited to contractors, vendors, visitors, or guests.

4 Policy Statement

4.1 Reporting

4.1.1 Generally. Any person may report an allegation of Prohibited Conduct as defined in this policy. Individuals reporting allegations of Prohibited Conduct should report in accordance with the applicable Resolution Procedures within the Office of Access & Equity: Equal Opportunity (“EO”).

4.1.2 Required Reporting. The following employees are required to report any information that may indicate the occurrence of Prohibited Conduct based on the Protected Status of gender, gender expression, gender identity, sex, or sexual orientation to EO as promptly as possible, but in no event after seventy-two (72) hours of receipt: Faculty, Athletics Staff, Office of Human Resources Staff, University Housing Staff, and any University staff with supervisory responsibility.

4.1.2.1 All Employees, not included above, should report information that may indicate the occurrence of Prohibited Conduct based on other Protected Statuses to EO as promptly as possible.

4.2 Applicable Procedures

4.2.1 The University’s Office of Access & Equity: Equal Opportunity (“EO”) responds to reports of prohibited conduct as outlined in this policy, and utilizes Resolution Procedures to address and remedy the alleged prohibited conduct. Resolution procedures shall be governed and administered by EO to ensure fair and equitable resolutions, which shall include due process protections for complainants and respondents. Such applicable procedures shall be made readily available through EO.

4.3 Standard of Proof

4.3.1 The evidentiary standard for all violations of this policy, utilized to determine whether an individual is responsible for an alleged violation(s), shall be a preponderance of the evidence. This standard is met when the evidence shows that it is “more likely than not” that the alleged Prohibited Conduct occurred.

4.4 Privacy and Confidentiality

4.4.1 Information obtained by the University in response to allegations of Prohibited Conduct shall be reviewed in a manner that considers an individual's preferences for privacy with the University’s legal obligations and its obligations to provide a safe and nondiscriminatory environment. Complete confidentiality cannot be guaranteed, and information may be shared as necessary to investigate or address the Prohibited Conduct, fulfill legal obligations, or pursuant to University policies.

4.5 Enforcement

4.5.1 The University shall enforce violations of this policy in accordance with applicable federal and state law, and UNC System policies. Violations of this policy may result in grounds for disciplinary action, up to and including termination or expulsion.

5 Additional References

Code of Student Conduct
Equal Opportunity
EHRA Non-Faculty Grievances
Faculty Handbook
SHRA_Grievance_and_Appeal
The UNC Policy Manual, Chapter 100.1, The Code, Section 103

6 Authority

North Carolina Office of State Human Resources - Unlawful Workplace Harassment
North Carolina Office of State Human Resources - Reasonable Accommodation
The UNC Policy Manual, Chapter 100.1, The Code, Section 103
Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101, et seq.)
Section 504 of the 1973 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
Title II, Civil Rights Act of 1964, as amended (42 U.S.C. 2000a, et seq.)
Title IV, the Violence Against Women Act, Violence Crime Control and Law Enforcement Act of 1994
Title VI, Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, et seq.)
Title VII, Civil Rights Act of 1964, as amended (42 U.S.C. 2000e, et seq.)
Title IX of the Education Amendments Act of 1972
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990
Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301, et seq.)
Title II, Genetic Information Nondiscrimination Act of 2008 (PL 110-233)
Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 et seq.)
Pregnancy Discrimination Act of 1978 (95 U.S.C. 555, et seq.)
Age Discrimination Act of 1967 (29 U.S.C. 621 et seq.)
N.C. Gen. Stat. § 95-241
N.C. Gen. Stat. §§ 126-1.1, 126-5,126-7.1, 126-14, 126-14.1, 126-14.2, 126-16, 126-17, 126-34.01, 126-34.02, 126-82, 126-85
N.C. Gen. Stat. §§ 168A-3, 168A-5 168A-10
25 NCAC 01J .1101 and 25 NCAC 01J. 1302

7 Contact Information

Office of Access and Equity [1] (828-262-2144)
Office of Academic Affairs [2] (828-262-2070)
Office of Human Resources [3] (828-262-3186)
Office of Student Conduct [4] (828-262-2704)

8 Original Effective Date

March 6, 2012

9 Revision Dates

June 23, 2012
April 24, 2014
December 8, 2015
June 21, 2017
July 31, 2018
March 2, 2020
August 14, 2020
November 4, 2022
July 26, 2023
Retrieved from "https://policy.appstate.edu/index.php?title=Discrimination,_Harassment,_Retaliation_and_Sex-Based_Misconduct&oldid=12817"