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Nondiscrimination

University Policy 501

Policy Owners

Institutional Integrity

Executive Summary

It is the policy of the University of North Carolina at Charlotte that educational and employment decisions that affect a student, faculty member, or staff member are based on relevant and appropriate factors and cannot be based on that individual’s protected status, whether the status is protected by law or by University policy. The procedures that apply to alleged discrimination, discriminatory harassment, and retaliation at the University are available on the Office of Civil Rights and Title IX website.

I. Policy Details

The University of North Carolina at Charlotte (“University”) is committed to providing a respectful, safe, and inclusive environment for all University community members and guests of the University. The University affirms that its educational and employment decisions must be based on the abilities and qualifications of individuals and may not be based on irrelevant factors, including personal characteristics, that have no connection with academic abilities or job performance. Therefore, the University prohibits discrimination and discriminatory harassment in its educational and employment decisions and provides equal opportunities for all members of the University community and for all those seeking to join the University community.

II. Scope

  1. This Policy applies to all University community members, including faculty, SHRA and EHRA staff, and students, as well as certain non-University community members such as contractors/affiliates and visitors. The University will consider complaints by or against non-University community members on a case-by-case basis, when the reported concerns impact access to University programs or activities or affect the University work environment.
  2. This Policy applies to all complaints alleging discrimination, discriminatory harassment, or retaliation based on one of those complaints unless one of the following applies:

1. Complaints Alleging Title IX Violations

Any alleged conduct that meets the definitions and jurisdiction of University Policy 504, Title IX Grievance Policy, will be processed according to that policy and not this Policy.

2. Complaints Alleging Sexual Misconduct or Interpersonal Violence

Any alleged sexual misconduct or interpersonal violence will be processed according to University Policy 502, Sexual Misconduct and Interpersonal Violence and not this Policy.

III. Discrimination and Discriminatory Harassment Prohibited

The following factors may not form the basis for educational or employment-related decisions:

Further, all members of the University community are prohibited from harassing individuals on the basis of any of these factors.

IV. Reporting

Anyone may report alleged violations of this Policy to the University’s Office of Civil Rights and Title IX. All University employees are expected to report alleged violations of this Policy to the University’s Office of Civil Rights and Title IX and may be subject to disciplinary action, up to and including dismissal, for failing to report.

SHRA employees who need to report an alleged violation of this Policy must also submit the SHRA Grievance Initial Filing Form to the Human Resources Department within 15 calendar days of the alleged violation, pursuant to the UNC System SHRA Grievance Policy. For more information about filing an SHR grievance, see PIM No. 35.

EHRA employees who need to report an alleged violation of this Policy based on an adverse employment action (such as termination, suspension, or discipline) must also submit an EHRA Review and Appeal Form to the Department of Human Resources no more than 30 calendar days after the adverse employment action that caused the alleged violation. For more information about filing an EHRA grievance, see University Policy 102.7, Personnel Policies for Designated Employment Exempt from the State Human Resources Act.

V. Applicable Procedures

The University’s Office of Civil Rights and Title IX will contact the individual who reportedly experienced a violation of this Policy and discuss with the individual available accommodations, resources, and resolution options. The University’s Office of Civil Rights and Title IX will assist the individual in utilizing the applicable University process for that individual’s report, as set forth on the Office of Civil Rights and Title IX website.

VI. Retaliation Prohibited

The University strictly prohibits retaliation against individuals for reporting alleged violations of federal law or for cooperating in the University’s investigation of alleged violations of federal law. Retaliation includes threatening, intimidating, or coercive behaviors and other adverse actions that would deter a reasonable person in the same or similar circumstances from reporting alleged violations of federal law or cooperating in the University’s investigation of any such report, even if the behaviors do not ultimately have that effect.

VII. Other Rights and Obligations

Nothing in this Policy shall be interpreted to infringe on rights protected by other laws and policies, including but not limited to the First, Fifth, and Fourteenth Amendments to the U.S. Constitution; academic freedom; and the Americans with Disabilities Act.

Related Resources

Authority

Chancellor

Policy Revisions

Updated August 7, 2023
Revised July 7, 2022

University Policy 501, Nondiscrimination, has been simplified, and the prohibition on discrimination or discriminatory harassment by any member of the University community has been clarified. This Policy applies to students, faculty, and staff. All employees are required to report alleged violations of the Policy. ​The Office of Civil Rights and Title IX will have more detailed procedural documents available on its website for different classes of respondents.

Revised August 14, 2020

This Policy has been revised to update it with references to the new University Policy 504, Title IX Grievance Policy and to add a prohibition on retaliation for reporting violations of federal law.

Revised November 4, 2014

The new University Policy 501, Nondiscrimination and Procedures for Addressing Reports of Discrimination is a broad, all-inclusive nondiscrimination policy that lists all protected statuses and directs students, staff, and faculty to the appropriate procedures for submitting complaints. The former University Policy 501, Nondiscrimination on the Basis of Disability has become a regulation and has been renumbered as University Policy 501.1, Nondiscrimination on the Basis of Disability Regulation. The former University Policy 504, Sexual Orientation has become a regulation and has been renumbered as University Policy 501.2, Regulation Regarding Nondiscrimination on the Basis of Sexual Orientation, Gender Identity, or Transgender Status.

Revised July 17, 2007

This University Policy has been revised to:

Clarify students’ responsibility to identify themselves to the Office of Disability Services as soon as they are aware that they require assistance;

Clearly state that while the University will strongly consider requests from students that a specific type of assistive technology or academic support be provided, the University maintains the right to make a final decision about its choice of such educational aid;

Clarify procedures for bringing complaints of discrimination based on disability; and

Update office and officer titles.

Revised January 12, 1995
Revised November 4, 1991

Initially Approved June 11, 1979