East Carolina University Faculty Manual
PART VI.
GENERAL
PERSONNEL POLICIES
VI. Equal Employment
Opportunity/Affirmative Action Policy (Formerly Appendix K)
East Carolina University is committed to equal opportunity for all members of the university
community. In addition, it will take
affirmative action to increase recruitment and hiring of black and female
faculty and staff. The following is the
Equal Employment Opportunity Policy as it appears in the East Carolina
University Affirmative Action Plan (1983‑1986). East Carolina
University is committed
to equality of educational opportunity and does not discriminate against
applicants, students, or employees based on race, color, national origin, religion, veteran’s
status, gender, age, sexual orientation, political affiliation, or disability. (Faculty
Senate Resolution #03-37, September 2003)
East Carolina University's policy on nondiscrimination and its affirmative action program are
consistent with, and pursuant to, the guidelines set forth in Executive Order
11246 with its implementing regulations.
The East Carolina University Affirmative Action Program implements
guidelines set forth under Titles VI and VII of the Civil Rights Act; Title IX
of the Education Amendments of 1972; Sections 799A and 845 of the Public Health
Service Act; the Equal Pay Act; Sections 503 and 504 of the Rehabilitation Act
of 1973; the Age Discrimination in Employment Act of 1976; and the Vietnam
Veterans Readjustment Assistance Act of 1974 as amended. Appropriate equal opportunity clauses are
included in purchase agreements as required.
The
university's policy is consistent with North Carolina General Statutes 126‑16:
"All state...agencies...of North Carolina shall give equal opportunity for
employment, without regard to race, religion, color, creed, national origin,
sex, age, or physical disability to all persons qualified, except where
specific age, sex, or physical requirements constitute bona fide occupational
qualifications necessary to proper and efficient administration. This section with respect to equal
opportunity as to age shall be limited to individuals who are at least 40 years
of age but less than 70 years of age."
It is also consistent with The
Code of The University of North Carolina, Section 103: "Admission to,
employment by, and promotion in The University of North Carolina and all of its
constituent institutions shall be on the basis of merit, and there shall be no
discrimination on the basis of race, color, creed, religion, sex or national
origin...."
In addition, East Carolina
University prohibits
sexual harassment of students, faculty, or staff members. Sexual harassment is
defined as deliberate, unsolicited, unwelcomed verbal and/or physical conduct
of a sexual nature or with sexual implications.
The definition does not include personal compliments welcomed by the recipient
or relationships which are freely entered into by both parties. East Carolina
University is committed
to providing and promoting an atmosphere in
which employees realize their maximum
potential in the workplace and students can engage fully in the learning
process. Accordingly, sexual harassment by and of both employees and students
is prohibited by this policy.
East Carolina University, as part of its continuing affirmative action efforts, endorses the
following:
1. It is illegal and against the
policies of East Carolina University
for any employee to sexually harass another employee by:
a. making unwelcomed sexual
advances or requests for sexual favors or other verbal or physical conduct of a
sexual nature a condition of an employee's continued employment, or
b. making submissions to or rejections of such
conduct the basis for employment decisions affecting the employee, or
c. creating an intimidating, hostile, or
offensive working environment by such conduct.
2. It is against the policies of East Carolina
University for any employee
to sexually harass a student by:
a. making unwelcomed sexual
advances or requests for sexual favors or other verbal or physical conduct of a
sexual nature a condition of a student's grade, progress, or recommendation or
b. creating an intimidating, hostile, or
offensive learning environment by such conduct.
Sexual
harassment shall hereinafter be deemed a form of discrimination based on sex as
prohibited by Section 703 of Title VII of the Civil Rights Act, by North
Carolina General Statute 126‑16 (employees), and by Title IX of the
Education Amendments Act of 1972 (students).
A. Responsibilities
Responsibility
for implementation of these policies rests with the chancellor. The vice chancellors, the dean of the College of Arts and Sciences, deans of professional
schools, department chairpersons, and principal administrative directors are
delegated responsibility for implementing these policies. They will assure that decisions involving recruitment,
selection, appointment, and promotion of faculty and staff at all levels are
made in a nondiscriminatory manner and in accordance with the goals of the
Affirmative Action Plan.
The
chancellor has also appointed the director of Equal Opportunity Programs to
coordinate all aspects of the Affirmative Action Plan, initiate programs to
assist in reaching the goals of the Affirmative Action Plan, maintain a record
system, identify problem areas, and assist faculty and staff and students to
resolve problems. This individual is
assisted by the associate director of Equal Opportunity Programs.
B. Grievances
Any student
of East Carolina University
who has a complaint of discrimination should follow the procedure outlined in
the Student Government Association
Documents. Current, former, or
prospective faculty or staff who have complaints should follow the procedure
outlined in the Affirmative Action Plan and in the grievance procedure set
forth in Appendix J, Informal Faculty
Grievance Procedure for Grievances Involving Sex Discrimination and Other Equal
Employment Opportunity Complaints.
Copies of the complete Affirmative Action Plan are available in Joyner
Library, Health Sciences Library, office of Equal Opportunity Programs,
department of Human Resources, and the office of each vice chancellor.
(Approved: 30 June 1983, East Carolina University
Chancellor)