(The established, formal University grievance process for resolving allegations of racial harassment; for SPA, the Dispute Resolution and Staff Grievance Procedure; for EPA non faculty, the EPA Non Faculty Grievance Committee; for faculty, the Faculty Griev- ance Committee; and for students, the Student Grievance Committee.) VI. Effective Date
182 Appendix F I. PREAMBLE Discrimination on the basis of race is unacceptable at The University of North Carolina at Chapel Hill. Such behavior threatens to destroy the environment of tolerance and mutual respect that must prevail if the University is to fulfill its purposes. The University through this Racial Harassment Policy and Procedures is providing an addi- tional means for the enforcement of its nondiscrimination policy. Enforcement of this Policy shall be consistent with the freedom of speech guaranteed by the First Amendment to the United States Constitution. At the same time, it is hoped that it will deter discriminatory conduct that is not protected by the legally defined boundaries of free speech, in fulfillment of the University’s duty to protect its educational environment. Because there may be conflict among freedom of speech, the right of individuals to be free from injury caused by discrimination, and the University’s duty to protect the educational process, the enforcement procedures shall recognize that it may be necessary to have varying standards depending upon the place of the conduct in question. Thus a distinction may be drawn among public forums, educational and academic centers and housing units. II . POLICY A. Racial harassment is contrary to the University’s Policy of equal opportunity, can constitute unlawful discrimination on the basis of race, and will not be tolerated in the University community. B. It is the responsibility of every employee and student in the University community to strive to create an environment free of racial harassment. C. This Policy and these Procedures apply to University students, agents, and employees, including faculty, EPA non faculty, staff, and student employees. Unless otherwise indi- cated herein, the word “employee” includes members of the faculty, EPA non faculty employees, staff employees, and student employees. D. The definition of what constitutes racial harassment on the part of a student, other than a student employee in the course and scope of his or her employment, is contained in Section 2.D.1.n. of the Instrument of Student Judicial Governance. If a student believes he or she has been the victim of racial harassment by a fellow student, other than a student employee, the student should proceed in accordance with the terms of the Instrument. Information concerning the Instrument and this process is available from the Office of the Dean of Students.
Appendix F 183 E. Racial harassment is defined for employees, including student employees in the course and scope of their employment, as conduct, when engaged in by one in an official Univer- sity position or by a fellow University employee, that:
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