TITLE IX AT NORTH CAROLINA STATE UNIVERSITY
Title IX banned sex discrimination in schools since 1972. It’s best known for breaking down barriers in sports for women and girls. It also opens the door for girls to pursue math and science. It requires fair treatment for pregnant and parenting students. It protects students from bullying and sexual harassment. And it does much more.
ABOUT TITLE IX
Title IX requires that all educational institutions that receive federal funds or financial assistance prohibit sex discrimination in their education programs and activities. These provisions apply to all programs and activities, including recruitment, student admissions, financial assistance, housing, access to academic offerings, and athletics.
The Office for Institutional Equity and Diversity is responsible for implementing and monitoring NC State University’s Title IX compliance. The Vice Provost for Institutional Equity and Diversity is the University’s designated Title IX Coordinator.
LAWS AND POLICIES
NC State’s Equal Opportunity and Equity Policy prohibits discrimination on sex in compliance with Title IX and other related federal laws. To access the full text of NC State’s Equal Opportunity and Equity Policy, Title IX, or other related laws prohibiting sex discrimination, see below.
- Non-Discrimination Policies
- NC State Equal Opportunity Policy
- NC State Code of Conduct
- Title IX
- Related Laws
Click on the following tabs to learn more about the Federal, State and NC State University nondiscrimination policies that protects the campus community from discrimination.
Please note that any links in the text of the tabs will take you to an external site.
POL 04.25.05 – Equal Opportunity and Non-Discrimination Policy
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: April 9, 1999. Last Revised: September 20, 2013.
1. POLICY STATEMENT
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. North Carolina State University (“NC State”) strives to build and maintain an environment that supports and rewards individuals on the basis of relevant factors such as ability, merit and performance. Accordingly, NC State engages in equal opportunity and affirmative action efforts, and prohibits discrimination, harassment, and retaliation, as defined by this policy1.
For purposes of this policy, the following definitions apply:
2.1 Discrimination is unfavorable treatment with regard to a term or condition of employment, or participation in an academic program or activity based upon age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation, or veteran status. Discrimination includes the denial of a request for a reasonable accommodation based upon disability or religion.
2.2 Harassment is any unwelcome conduct based upon age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation, or veteran status that either creates a quid pro quo situation or a hostile environment.
*Note: Incidents of sexual violence may constitute sexual Harassment.
2.2.1 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 an individual believes that he or she 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.
2.2.2 Hostile Environment Harassment occurs when unwelcome conduct based upon an individual’s age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation or veteran status is sufficiently severe or pervasive to:
· deny or limit a student’s ability to participate in or benefit from NC State’s programs or activities; or
· create an intimidating, threatening or abusive educational environment.
· create an intimidating, hostile or offensive working environment.
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).
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 group 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 (e.g., sexual assault) may constitute Hostile Environment Harassment.
2.3 Retaliation is any adverse action (including intimidation, threats or coercion) against an individual because that individual engaged in a protected activity.
2.4 Protected activity includes:
· opposing a practice believed to be a violation of this policy;
· participating in an investigation, proceeding or hearing involving a violation of this policy; or
· requesting a reasonable accommodation based on disability or religion.
NC State will promptly, thoroughly and impartially respond to all complaints of Discrimination, Harassment and Retaliation.
Any individual with a complaint of Discrimination, Harassment or Retaliation should follow NCSU REG 04.25.02 (Discrimination, Harassment and Retaliation Complaint Procedure).
4. POLICY VIOLATIONS and CORRECTIVE MEASURES
Substantiated instances of Discrimination, Harassment and Retaliation, as defined above, are violations of this policy and will not be tolerated by NC State.
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).
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.
5. AFFIRMATIVE ACTION
In addition to prohibiting Discrimination, Harassment and Retaliation, NC State works toward the full realization of equal opportunity through a continuing affirmative action program, in compliance with applicable federal and state laws.
Development of the university’s affirmative action plan, called the Equal Employment Opportunity Plan (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.
The head of each administrative/academic unit identified in the EEO Plan, 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 EEO Plan.
6. STATEMENT FOR PROGRAMS/PUBLICITY
The following statement may be used for programmatic or publicity purposes at NC State:
NC State University promotes equal opportunity and prohibits discrimination and harassment based upon one’s age, color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation and veteran status.
Questions concerning this policy may be referred to the Office for Institutional Equity & Diversity.
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.
(a) No student shall threaten, coerce, or intimidate another person or identifiable group of persons, based upon membership in a protected class as prescribed in NCSU POL 04.25.05 (Equal Opportunity and Non-Discrimination Policy); or
(b) No student shall engage in harassment as defined by NCSU POL 04.25.05 (Equal Opportunity and Non-Discrimination Policy). Charges of sexual harassment are covered separately under section 10.15 of this policy.
In determining whether student conduct violates these provisions, all relevant facts and circumstances shall be considered. Care must be exercised in order to preserve freedoms of speech and expression, as articulated in current legal standards. Advice should be sought from the Office of General Counsel and the Office of Institutional Equity and Diversity, as appropriate.
10.14 Relationship Violence
Conduct arising out of a personal, intimate relationship that:
(a) Inflicts physical injury upon another person; or
(b) Places another in fear of, or at risk of, physical injury or danger.
10.15 Sexual Misconduct
Sexual Misconduct includes:
(a) Sexual Harassment, as defined in NCSU POL 04.25.05 (Equal Opportunity and Non-Discrimination Policy). Sexual harassment may include, for example, unwelcome sexual advances and sexual favors. Sexual harassment also includes acts of sexual violence.
(b) Sexual Exploitation, which is taking sexual advantage of another person without consent, and includes, but is not limited to, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over the other person; causing the prostitution of another person; recording, photographing or transmitting identifiable images of private sexual activity and/or the intimate parts (including genitalia, groin, breasts or buttocks) of another person; and allowing third parties to observe private sexual acts.
(c) Sexual Contact (without consent), which is the deliberate touching of a person’s intimate parts (including genitalia, groin, breast or buttocks or clothing covering any of those areas); or the deliberate touching of another person with one’s intimate parts; or using force to cause a person to touch his/her own or another person’s intimate parts.
(d) Sexual Intercourse (without consent), which is the penetration (anal, oral or vaginal) of a person by a penis, tongue, finger or an inanimate object; or
(e) Retaliation (including threats, harassment, intimidation, coercion) against a person because he/she filed a complaint alleging sexual misconduct or participated in an investigation or procedure involving charges of sexual misconduct.
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to feel fear. Stalking may include, for example, non-consensual communication, including in-person communication or contact, surveillance, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on web sites, written letters, gifts or any other communications that are undesired and/or place another person in fear.
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX states that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
The U.S. Department of Education gives grants of financial assistance to schools and colleges. The Title IX regulation describes the conduct that violates Title IX. Examples of the types of discrimination that are covered under Title IX include sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy. The Title IX regulation is enforced by the Office of Civil Rights (OCR) and is in the code of federal regulations at 34 CFR Part 106.
Title IX prohibits retaliation for filing an OCR complaint or for advocating for a right protected by Title IX. Title IX also prohibits employment discrimination, but employment complaints filed with OCR are generally referred to the Equal Employment Opportunity Commission.
For the full text of Title IX click here: Title IX
Clery Act/Campus SAVE
The Jeanne Clery Act, a consumer protection law passed in 1990, requires all colleges and universities who receive federal funding to share information about crime on campus and their efforts to improve campus safety as well as inform the public of crime in or around campus.
In April 2011, the Office for Civil Rights issued a “Dear Colleague Letter,” reminding educational institutions to address incidents of sexual violence not only as crimes, but as violations of Title IX as well.
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color and national origin in programs or activities which receive federal financial assistance.
The Equal Pay Act of 1963 is a United States federal law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex.
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.
TITLE IX COORDINATORS
All educational institutions receiving Federal financial assistance must designate at least one employee to coordinate their efforts to comply with and carry out their responsibilities under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in education programs and activities. These designated employees are generally referred to as Title IX coordinators. A school’s Title IX coordinator or coordinators are expected to play a critical role in helping a school ensure that every person affected by its operations—including faculty, staff, and students—are aware of their legal rights under Title IX, and that the school and all of its employees, through its policies, procedures, and practices, complies with its legal obligations under Title IX.
Dr. Linda McCabe Smith
Title IX Coordinator
Lead Deputy Title IX Coordinator
Deputy Title IX Coordinator
Dr. Lisa Zapata
Deputy Title IX Coordinator