It is the policy of Western Carolina University that speech or action by a university employee, occurring in the scope and course of university business, that gives offense by its clear expression of bias or prejudice toward an individual or group because of that person’s or group’s race, age, color, creed, national origin, religion, sex, disability, or political affiliation is subject to review on a case-by-case basis and may subject the offender to appropriate discipline if warranted by the entire record and totality of the circumstances.

Some of the factors that will be considered in determining whether discriminatory personal conduct warrants discipline and, if so, what type of discipline, include, but are not limited to, the following:

1.

The severity and pervasiveness of the harm or harassment inflicted upon or directed toward the victim by the offending party.
2.

The extent to which the speech or conduct disrupts the orderly operation of the University. It will be presumed, unless disproved, that discriminatory personal conduct, in and of itself, has an adverse impact upon the operation of the University.
3. The extent to which the discriminatory personal conduct was intended to harm, harass, or exploit the victim.

Sexual harassment includes, but is not limited to, the definition adopted by the Equal Employment Opportunity Commission (EEOC) Guidelines: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which may arise in one of the three following circumstances: [...] the sexual request or conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or education or creating an intimidating, hostile, or offensive environment.

Actions deemed to violate this policy include, but are not limited to, the following:
[...]
c. It is against the policy of Western Carolina University for its employees or students to create a hostile or intimidating environment in which verbal or physical conduct based on gender, because of its severity and/or persistence, is likely to interfere significantly with work, education, or living conditions.

d. It is against the policy of Western Carolina University for its employees or students to continue verbal or physical conduct of a sexual nature when the employees or students of the university to whom such conduct is directed have indicated clearly, by word or by action, that such conduct is unwanted. Clearly inappropriate physical contact, threats, or sexual propositions are always inappropriate whether as a single incident or continuing conduct.

e. It is against the policy of Western Carolina University for its employees or students to exert subtle pressure for sexual activity, an element of which may be conduct such as repeated and unwanted staring.

f. It is against the policy of Western Carolina University for its employees or students to engage in a pattern of conduct which embarrasses and/or humiliates and which includes one or more of the following: (i) comments of a sexual nature; or (ii) sexually explicit statements, questions, jokes, or anecdotes.

Physical abuse, verbal abuse, threats, intimidation, harassment, sexual harassment, stalking, coercion, and/or any other conduct which threatens or endangers the health or safety of any person (including one’s self).

Subject to the Special Considerations for Use of Outdoor Facilities described above and other restrictions on the use of facilities prescribed elsewhere in this policy, the University permits outdoor assemblies or gatherings of affiliated persons or groups without prior approval in the outdoor areas of the campus.

Use of computing facilities to send obscene or abusive messages.

Harassment of other users may be the sending of unwanted messages or files. Violations include, but are not limited to:

* interfering with the legitimate work of another user, to include sending of chain mail or other non-university related messages;
* the sending of abusive or obscene messages via computers;
* the use of computer resources to engage in abuse of computer personnel or other users.