Report Discrimination, Harassment, or Retaliation (Non-Sex/Gender-Based)

UNCW affirms its desire to maintain a learning and living environment for all students that is free from all forms of harassment. The university is committed to ensuring that all students are treated with dignity and respect.

UNCW will:

• Remain committed to ensuring a workplace and academic environment free of unlawful discrimination, harassment and sexual misconduct, as these behaviors may create a risk to health, safety or wellbeing, cause serious emotional distress, loss of productivity and morale and potential legal risks.
• Continue to encourage reporting of all perceived incidents of harassment regardless of who the alleged offender may be.
• Respond promptly to all complaints of harassment by referring victims to support resources such as the Counseling Center, CARE, the Office of Title IX & Clery Compliance and, when sufficient information is provided, following up on each complaint.
• Generally, the university will protect the privacy and confidentiality of complainants reporting allegations of discrimination and/or harassment, including sexual misconduct and respondents who have allegedly engaged in discrimination and/or harassment, including sexual misconduct, to the extent allowed by law. 

The university has a legal obligation to investigate under the Unlawful Discrimination, Harassment, and Sexual Misconduct Policy once aware of an alleged violation of the harassment policy. Remedies/sanctions for offenses are outlined in the Code of Student Life and in the Unlawful Discrimination, Harassment, and Sexual Misconduct Policy.

Discrimination constitutes any unlawful distinction, preference or detriment to an individual as compared to others that is based on one of the characteristics protected by federal law, state law or university policy. Protected characteristics include:

• race
• religion
• color
• national origin (including shared ancestry or ethnic characteristics)
• ethnicity
• sex 
• pregnancy
• childbirth or other related medical conditions
• gender identity or expression
• sexual orientation
• age (40 or older)
• political affiliation
• National Guard or veteran status
• genetic information (including family medical history)
• disability

Quid Pro Quo Harassment

Consists of unwelcome conduct based on a protected characteristic when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, employment decisions, academic standing or receipt of a needed or legitimately requested university service or benefit; or
• Submission to, or rejection of, such conduct by an individual is used as a basis for decisions affecting such individual in matters of employment, employment decisions, academic decisions (such as grades) or receipt of a needed or legitimately requested university service or benefit.

Hostile Environment Harassment

Consists of unwelcome conduct based on a protected characteristic when:

• Such conduct is so severe, pervasive, or subjectively and objectively offensive as to unreasonably interfere with an individual's work, academic performance, or living environment; or
• Such conduct is so severe or pervasive, or subjectively and objectively offensive as to create an intimidating, hostile or offensive working, learning, or living environment. Hostile environment harassment is determined by looking at all of the circumstances, including the frequency of the allegedly harassing conduct and its severity.
• The determination of whether an environment is “hostile” must be based on the totality of the circumstances. These circumstances may include, but are not limited to:
  • the frequency of the conduct
  • the nature and severity of the conduct
  • whether the conduct was physically threatening
  • whether the conduct was humiliating
  • the effect of the conduct on the alleged victim’s mental or emotional state
  • whether the conduct was directed at more than one person
  • whether the conduct arose in the context of other discriminatory conduct
  • degree to which the conduct unreasonably interfered with the alleged victim’s educational or work performance
  • whether there is a power disparity – and its extent – between the harasser and person being harassed
  • whether the statement falls under an existing exception to the First Amendment, such as true threats and intimidation
  • whether speech or conduct deserves the protection of academic freedom
• A single, serious incident (such as intentional sexual touching or display of a noose) may be sufficient to constitute hostile environment harassment.
• Offensive conduct may include, but is not limited to, objectively offensive jokes, slurs, name calling, physical assaults or threats, and objectively offensive objects or pictures. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of unlawful workplace harassment.
• Harassment can be based on:
  • The perception that an individual has a particular protected characteristic even if the perception is incorrect.
  • Association with someone in a different protected class.
  • The complainant’s protected characteristic, even if the harasser is a member of the same protected class.
  • More than one protected characteristic.

• Office of Title IX & Clery Compliance
• CARE
• Counseling Center
• Human Resources
• Student Conduct
• Code of Student Life
• Report It