Formerly Executive Memorandum 76-21
Initially approved: September 26, 1975
Revised: October 28, 1975
Revised: July 1, 1976
Revised: June 1, 1999
Revised: July 31, 2007
Revised: August 10, 2009
Administering Office: Chancellor’s Office

I. POLICY STATEMENT

Western Carolina University is committed to the principle that educational and employment decisions should be based on an individual’s abilities and qualifications regardless of race, color, national origin, creed, religion, gender, age, sexual orientation , veteran status, disability, or political affiliation, except where religion, sex, or age are bona fide job related employment requirements. This is in keeping with Section 103 of The Code of The University of North Carolina, North Carolina General Statutes 126-16 and 126-17, Title VII of the Civil Rights Act of 1964 as amended, the Rehabilitation Act of 1973, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1968 as amended, the Civil Rights Restoration Act of 1988, the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991, Title IX of the Education Amendments of 1972, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, and other applicable federal and state laws relating to discrimination in educational programs and employment. In accordance with Executive Order 11246, Western Carolina University has in place an Affirmative Action Plan that states the university’s commitment to the principle of equal employment opportunity for all persons regardless of race, color, creed, religion, gender, age, national origin, disability, military veteran status, political affiliation or sexual orientation.

II. COMPLAINT PROCEDURES

A. Complaints from Students

Any student who believes he or she has been treated unfairly based on any of the above classes or characteristics should contact the Office of the Vice Chancellor for Student Affairs (114 Scott East; telephone: 227-7234). It is the responsibility of the Vice Chancellor for Student Affairs to investigate and resolve student complaints made under this Policy. Investigations may be conducted in consultation with the Director of Equal Opportunity and Diversity Programs.

B. Complaints from SPA or EPA Employees and Faculty

Any employee who believes he or she has been treated unfairly based on any of the above classes or characteristics should contact his or her immediate supervisor, or the next level of supervisor if the immediate supervisor is the subject of the allegation. Employees and applicants may also contact the Director of Equal Opportunity and Diversity Programs (520 HFR Administration Building; telephone: 227-7116). It is the responsibility of the Director of Equal Opportunity and Diversity Programs to investigate and resolve employee complaints made under this Policy. Investigations may be conducted in consultation with the appropriate supervisor(s).

An SPA employee with a grievance concerning a denial of employment, promotion, training, or transfer, or concerning a demotion, layoff, transfer or termination due to discrimination based on age, gender, race, color, national origin, religion, creed, political affiliation or handicapping condition as defined by G.S. 168A-3, or a grievance based on retaliation for opposition to alleged discrimination may still appeal directly to the Office of Administrative Hearings and the State Personnel Commission.

III. RETALIATION

This Policy seeks to encourage students and employees to report concerns involving discrimination. Any act of reprisal or retaliation, including interference, restraint, coercion, penalty, discrimination, harassment - overtly or covertly - against a student or employee for responsibly reporting under this Policy interferes with free expression and violates this Policy. Accordingly, individuals who violate this retaliation prohibition may be subject to prompt disciplinary action.

IV. EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS

The Director of Equal Opportunity and Diversity Programs and the Director of Employment and Affirmative Action Programs are responsible for the development of the university’s diversity and equal opportunity programs. Responsibility for the implementation and oversight of these programs will be shared by all academic and administrative managers. Equal opportunity and diversity programs will be assessed periodically, and program reports will be presented to the Chancellor.