Sexual Harassment

1. Sexual Harassment Title VII of the Civil Rights Act 1964 Title IX of the Education Amendments 1972 & Western Carolina University Policy #53 (EPA & SPA)

2. Western Carolina University -Committed to equal opportunity, inclusion, mutual respect and diversity in education and employment for all persons regardless of: • Race • Color • Creed • Religion • Gender • Age • National origin • Disability • Military veteran status • Political affiliation • Sexual orientation

3. Unlawful Harassment • Discrimination involving unwelcomed or unsolicited • Speech or conduct • Based upon Race, Color, Creed, Gender, Religion, National origin, Disability, Military veteran status, Political affiliation, Sexual orientation • Creates a hostile environment for employees or students

4. Sexual Harassment is: • Unwelcome sexual advances • Requests for sexual favors • Verbal or Physical conduct of a sexual nature arising in any of the following circumstances:

5. Sexual Harassment • Quid Pro Quo – submission to or rejection of the sexual request or conduct is made for a promotion or condition of employment • Hostile Environment - sexual request or conduct has the purpose or effect of unreasonably interfering with an employee’s work performance, education, or creates an intimidating, hostile, or offensive environment

6. Sexual Harassment Regarding Students • Unwelcome sexually harassing conduct that is so severe, persistent, or pervasive it affects a student’s ability to participate in or benefit from an education program or activity or • Creates an intimidating, threatening, or abusive educational environment (Hostile environment) • Quid Pro Quo – when a University employee causes a student to believe she/he must submit to unwelcome sexual conduct to participate in a University program or activity

7. Actions violating this policy include: • When employees or students propose to other employees/students to engage in or tolerate activities of a sexual nature to avoid punishment or receive an award • Creating a hostile environment • When an employee/student has stated in word or action that such conduct of a sexual nature is unwanted

8. Examples • Offensive e-mails • Unwanted physical contact of a sexual nature like touching or grabbing • Sexually insulting remarks • Intimidating hallway behavior • Stalking • Graffiti written in bathrooms or break rooms • Pin-up calendars involving nudity • Pressure for sexual behaviors • Insistent telephone calls for dates • Jokes using sexual language

9. Hostile Environment • One that a reasonable person would find hostile or abusive (objective standard), • One that a complainant perceives to be hostile or abusive (subjective standard), • Determined by looking at all the circumstances, • Frequency of the harassing conduct, • Severity – whether it’s physically threatening or humiliating • Extent to which the conduct was intended to harm, harass, or exploit the complainant, and • Whether the conduct actually & substantially interferes with the employee’s work performance or student’s ability to participate in or receive benefits, services, opportunities in the University’s education programs/activities

10. Sexual Harassment is Not: • A hug between friends • Mutual flirtation • Sincere & personal compliments

11. Sexual Harassment • Conduct must be unwelcome in the sense that the employee/student did not solicit or invite it, and • The employee/student regards the conduct as undesirable or offensive

12. Sexual Assault • Conduct of a sexual or indecent nature toward another person that is accompanied by actual or threatened physical force and • Without her/his consent • Induces fear, shame, injury, or mental suffering • Examples: Rape, forcible sodomy, sexual penetration of a person’s genital, anal, and/or oral opening with any object, or attempted touching of breasts, buttocks, inner thighs, or genitalia

13. Retaliation violates policy • Adverse treatment of the complainant • Any act of reprisal, interference, restraint, coercion, penalty, discrimination, harassment- overtly or covertly, against an employee/student for reporting under this policy interferes with free expression • Persons who violate retaliation prohibition may be subject to prompt disciplinary action

14. Complaint Procedures - Informal • Complainant may discuss problem directly with the person whose behavior is questioned • Tell person to “Stop It” verbally or in writing • Document everything (what, dates, times, witnesses, etc.) • Inform your immediate supervisor or next in-line supervisor if immediate supervisor is involved

15. Complaint Procedures - Formal(Student vs. employee, Employee vs. student, Employee vs. employee) • Submit a written complaint within 30 calendar days of the alleged harassing action to the Director – Office of Equal Opportunity & Diversity Programs (OEODP)

16. Complaint Procedures – Formal • Employee complaint about student - Report to: Dept. of Student Community Ethics or Office of the Vice Chancellor for Student Affairs within 30 calendar days • Employee complaint about employee – Submit written complaint to or Contact: Director – Office of Equal Opportunity & Diversity Programs within 30 calendar days • Complainant also has right to file with the Equal Employment Opportunity Commission under Title VII - Civil Rights Act

17. WCU’s Response • Will take action within 60 calendar days (or less) from receipt of written complaint • Will provide a written response to complaining employee/student • After response period has expired (60 calendar days), complainant may appeal to: Office of Administrative Hearings and NC State Personnel Commission within 30 calendar days if not satisfied with the University’s response

18. Manager’s Obligation to Report • Any administrative or academic manager who experiences or witnesses sexual harassment, unlawful harassment or retaliation • Or receives a written or verbal complaint shall report it promptly to the Director – (OEODP)

19. Investigation Process • Director –(OEODP) will investigate to determine facts & interview witnesses and • Report the results in writing to the employee’s Vice Chancellor and other administrative staff as needed • Complainant will be provided written notice the investigation has been completed • Investigation results are confidential and only shared with administrative staff on a “need to know basis”

20. Contact • Henry D. Wong, Rh. D., C.R.C. • Director – Office of Equal Opportunity & Diversity Programs (OEODP) • 520 H.F. Robinson Administration Bldg. • (828) 227-7116 • wongh@wcu.edu

21. Resources • Equal Employment Opportunity Commission – 1-800-669-4000 • www.eeoc.gov • Office of Civil Rights – 1-800-421-3481 • http://www2.ed.gov/about/offices/list/ocr/sexharassresources.html • Office of Administrative Hearings - 919-431-3000 • http://www.oah.state.nc.us/ • NC State Personnel Commission – 919-807-4800 • http://www.osp.state.nc.us/ExternalHome/