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Sexual harassment policy

June 21, 1996 (effective August 12, 1996)
[replaces October 1983 policy]

The University of North Carolina at Wilmington is committed to ensuring that all students, faculty, and staff are treated with dignity and respect. Sexual harassment is highly detrimental to the environment of mutual respect that must prevail it the university is to fulfill its goals. Sexual harassment violates university policy and is illegal under state and federal law. All members of the university community have an obligation to learn what behaviors constitute sexual harassment, be responsible for their own behavior, and cooperate in creating a climate where sexual harassment is not tolerated.

Sexual harassment is defined as "unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when such conduct

1. constitutes an express or implied condition to another person's academic pursuits, university employment, or participation in activities sponsored by the university or organizations or groups related to the university, or
2. is engaged in for the purpose of interfering with such pursuits, employment, or participation, or
3. creates a hostile, intimidating, or offensive environment for such pursuits, employment, or participation."

Sexual advances or requests for sexual favors which are presented as a condition to another person's academic pursuits, university employment, or participation in university activities are always a violation of university policy--whether repeated or not. Behaviors which are not presented as a condition to another person's employment, education, or participation in university activities but which create a hostile, intimidating, or offensive environment generally must be repetitive and clearly unwelcome to constitute a violation of university policy.

Unwanted sexual attention can take many forms, including, but not limited to:

• Verbal: unwanted and repeated sexual remarks; offensive jokes about sexual or gender traits; sexual propositions; insults, threats, or bribes; sexual innuendoes or comments about a person's body, clothing, or activities; offensive written notes or phone calls.
• Non-verbal: leering, whistling, or suggestive or insulting gestures.
• Physical: unwanted touching of a sexual nature (e.g., brushing, patting, pinching, fondling); coerced sexual activity.

Any of these could be considered sexual harassment, and, depending on the situation, fit into the following categories:

• Gender harassment: statements or behaviors that insult or degrade another person on the basis of his or her gender or sexual orientation; repetitive, unwelcome physical or verbal sexual advances;
• Sexual bribery: solicitation of sexual activity by promise of reward;
• Sexual coercion: coercion of sexual activity by threat of punishment;
• Sexual imposition: forced, unwanted sexual activity.

In sum, sexual harassment usually takes the form of explicit conditions pertaining to an individual's work or study (whether repeated or not) or unwanted and repeated behaviors of the type described above. Compliments, a one-time thoughtless joke, or inadvertent physical contact typically do not constitute sexual harassment. Individuals unclear as to whether a specific behavior is sexual harassment are encouraged to talk with the university EEO/AA Officer, the Dean of Students, or one of the EEO/AA contact persons listed in the university telephone directory.

Sexual harassment is considered a serious matter. The university suggests several mechanisms, both informal and formal, for persons to make complaints, which may include bringing the matter to the attention of university officials. [See Administrative Review Procedure for University Members Alleging Personal Discrimination.) However, accusations of sexual harassment have serious consequences for the accused as well as the accuser, and therefore action will be taken against anyone bringing forth frivolous or false charges.

See also:

• Administrative review procedure for investigating complaints pertaining to sexual harassment, improper personal relationships, personal discrimination, unlawful workplace harassment, or workplace violence [UNCW Code of Student Life, Appendix J]