RECOMMENDATION FOR DEVELOPING IMPLEMENTATION PROCEDURES
FOR BOTH ATTACHED DRAFT POLICIES

The Faculty Affairs Committee will recommend to the Faculty Senate that the revised

Racial and Ethnic Harassment Policy and the Sexual Harassment Policy be endorsed by
the Faculty Senate and then sent back to the Faculty Affairs Committee in order to

@ieveicp implementation procedures for both policies. After the implementation
procedures are developed by the Committee, open hearings will be held for input from
the General Faculty. Following this, the policy and implementation process for both
policies will be brought back to the Faculty Senate for final approval.

 
ORIGINAL

DRAFT
EAST CAROLINA UNIVERSITY POLICY ON SEXUAL HARASSMENT,

DISCRIMINATION, AND CONFLICTS OF INTEREST

INTRODUCTION

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.

Sexual harassment and discrimination is illegal and endangers the
environment of tolerance, civility and mutual respect that must prevail
if the University is to fulfill its mission. Amorous relations between

a student and a University employee who is responsible for supervising

nd/or evaluating the student can derogate the merit principle of

supervision and evaluation. These policies are the University's

rites ay. ce i of its intent to prohibit sexual harassment and
iscrimination, and to prohibit amcrous relations between University

ie Bae ee and students when such relations create a risk of favoritism.

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DEFINITIONS

SEXUAL HARASSMENT

Sexual harassment consists in actions, verbal or otherwise, that
either require an individual to tolerate amorous and/or sexual
advances as a condition of some reward in academics or employment,
or propose to engage in amorous and/or sexual activities as a
condition of some reward in academics or employment.

SEXUAL DISCRIMINATION
Sexual discrimination consists in actions that single out and
cause harm to an individual or a group because of the individual's
or the group's sex.
CONFLICTS OF INTEREST DUE-TO
CONSENSUAL AMOROUS RELATIONSHIPS
Consensual amorous relationships create conflicts of interest
when they impair or can reasonably be expected to impair the

professional judgment of someone who is responsible for
supervising and/or evaluating others.

 
Se shy OMe

It is the responsibility of members of the University community to
strive to create 11 environment free of sexual harassment and @
discrimination, and free of unprofessional bias in the supervision and
evaluation of students. (The University of North Carolina Board of
Governors resolution regarding potential favoritism between University
employees is contained in Appendix H of the East Carolina University
Faculty Menual; East Carolina University's policies on non-

discrimination in recruitment and hiring are contained in Appendix K of

the Faculty Manual. )

a. It is against the policies of East Carolina University for
employees of the University to subject students or employees of
the University to amorous and/or sexual advances when either
toleration of or submission to said advances is made a condition
of the student's academic success, or of the employee's
employment, salary, fringe benefits, assignments, reappointment,
promotion, or tenure.

b. It is against the policies of East Carolina University for
employees and students of the University to willingly engage in,
or to propose to engage in amorous and/or sexual relations in
exchange for academic rewards, or for rewards in the areas of
employment, salary, fringe benefits, assignments, reappointment,
promotion, or tenure.

c. It is against the policies of East Carolina University for @
employees and students of the University to single out an

individual or a group and subject the individual or the group to
malicious sexists insults, or to create a hostile University
environment because of the individual's or the group's sex.

d. It is against the policies of East Carolina University for
employees of the University to allow an individual's sex to
influence decisions regarding the individual's salary, fringe
benefits, assignments, reappointment, promotion, or tenure, except
where sex constitutes a bona fide occupational qualification.

e. It is against the policies of East Carolina University for
employees of the University to apply unequal standards of
supervision and/or evaluation to a student because of the
student's sex.

f. It is against the policies of East Carolina University for
employees of the University to engage in consensual amorous
relationships with students the employee is or will be responsible
for supervising and/or evaluating. (This policy only applies to
consensual amorous relationships initiated after the policy's
adoption date.)

 
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RAST CAROLINA UNIVERSITY RACIAL AND ETHNIC HARASSMENT POLICY

Definition of Racial and/or Ethnic Harassment
: 4 . s . . .
Racial and/or ethnic harassment consists in actions, verbal or otherwise, that single

out and cause harm to an individual or a group because of the individual's or
the group's race and/or ethnic affiliation.

Introduction

Racial and/or ethnic harassment endangers the environment of tolerance, civility and
mutual respect that must prevail if the University is to fulfill its mission.
Such behavior will not be condoned by members of the University Community. This
policy is the University's statement of its intent to protect its educational
environment by prohibiting specific forms of constitutionally sanctionable
racial and/or ethnic harassment. It supersedes all previous University policies
dealing with racial and/or ethnic discrimination. The University recognizes
that the free and unfettered interchange of competing views is essential to the
institution's educational mission, and that the peoples' right to express their
opinions is guaranteed by the United States Constitution.

III. Policy |
It is the responsibility of members of the University community to strive to create
an environment free of racial and/or ethnic harassment. East Carolina

University prohibits employees and students of the University from:

a. singling out an individual or a group and subjecting the individual or the group
to malicious racial insults, or to speech or other actions which would have
a tendency to cause acts of violence by the individual or group addressed
because of the individual's or the group's race and/or ethnic affiliation,
or

singling out an individual or a group and subjecting the individual or the group
to unequal or unfair or threatening treatment in the areas of academic

success, employment, salary, fringe benefits, assignments, reappointment,
promotion, or tenure, because of the individual's or the group's race and/or
ethnic affiliation.

singling out an individual or a group and subjecting the individual or the group
to a hostile University environment because of the individual's or the
group's race and/or ethnic affiliation, or

singling out an individual or a group and subjecting the individual or the group
to extreme and outrageous conduct with the intent to cause and causing

severe emotional disturbances to the individual or group because of the
individual's or the group's race and/or ethnic affiliation.

Through this policy, members of the University Community are encouraged to express freely,
responsibly, and in an orderly way their opinions and feelings about any problem or
complaint of racial/and or ethnic harassment. Any act by a University employee or student
of reprisal, interference, restraint, penalty, discrimination, coercion or harassment
against a student or an employee for responsibly using the policy interferes with free
expression and openness. Accordingly, members of the University community charged with
racial and/or ethnic harassment are prohibited from acts of reprisal against their
accuser(s) exclusive of actions brought in the North Carolina or United States courts.

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