Sexual Harassment
Title VII of the Civil Rights Act 1964
Title IX of the Education Amendments 1972
&
Western Carolina University Policy #53 (EPA & SPA)
Western Carolina University Committed to equal opportunity, inclusion,
mutual respect and diversity in education
and employment for all persons regardless
of:
 Race
 Age
 Color
 National origin
 Creed
 Disability
 Religion
 Military veteran status
 Gender
 Political affiliation
 Sexual orientation
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
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:
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
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
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
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
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
Sexual Harassment is Not:
 A hug between friends
 Mutual flirtation
 Sincere & personal compliments
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
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
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
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
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)
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
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
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)
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”
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
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/