THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE
                         FACULTY SENATE 

                                                             
Senate Document Number   6096S
Date of Senate Approval  5/2/96

Statement of Faculty Senate Action:

      1995-1996 FWDC Document #4:  SEXUAL HARASSMENT POLICY

Statement of Policy

     Sexual harassment and discrimination are illegal and
endanger the environment of civility and mutual respect that must
prevail if the University is to fulfill its mission.  The
University of North Carolina at Asheville is committed to
providing and promoting an atmosphere in which employees can
realize their maximum potential in the work place and students
can engage fully in the learning process.  Toward this end, all
members of the University community must understand that sexual
harassment, sexual discrimination, and sexual exploitation of
professional relationships violate the University's policy and
will not be tolerated.  The University will take every step to
resolve grievances promptly.  Any act by the University's
employees or students of reprisal, interference, or any other
form of retaliation, whether direct or indirect, against a
student or employee for raising concerns covered by this policy
is also a violation of this policy.  Accordingly, members of the
University community are prohibited from acts of reprisal against
individuals who bring complaints or are involved as witnesses in
any action connected with this policy.

A.   Applicability
     This policy applies to all applicants for employment and
admission to University programs, officers and employees of the
University, students, persons who serve the University as its
agents and are under the control of the University and all others
who teach, conduct business or participate in activities at the
University.  Specific adherence to this policy shall be made an
express term of every contracted services agreement entered into
by the University.

B.   Sexual Harassment - Definitions  (See 29 CFR 1604.11)
     Two categories of sexual harassment between members of the
opposite or same sex are recognized:
     1.   Quid Pro Quo
          Sexual harassment presented as a "bargain" (quid pro
     quo).
     Unwelcome sexual advances, requests for sexual favors, and
     other verbal and physical conduct of a sexual nature by one
     in a superior position constitutes "bargained-for sexual
     harassment" when submission by another is made either an
     explicit or implicit term or condition of employment or of
     academic standing.  In this case apparent consent of the
     submitting party is less relevant than the extent to which
     the sexual conduct is unwelcome.  As defined here,
     "bargained-for sexual harassment" normally arises in the
     context of an authority relationship.  This relationship may
     be direct as in the case of a supervisor and subordinate or
     teacher and student or it may be indirect when the harasser
     has the power to direct others who have authority over the
     victim.

     2.  Environmental Sexual Harassment
          Unwelcome sexual advances, requests for sexual favors,
     and other verbal and physical conduct of a sexual nature
     constitute "environmental sexual harassment" when such
     conduct has the purpose or effect of creating an
     intimidating, hostile, or offensive environment which
     unreasonably interferes with another's work, academic
     performance, or privacy.  Environmental harassment can
     inflict emotional and psychological harm on individuals and
     can make relationships and the work or study environment
     unpleasant, threatening and unproductive.  However, there is
     no requirement that evidence of actual emotional or
     psychological harm be shown in order for environmental
     sexual harassment to be found to have occurred.
           In determining whether alleged conduct constitutes
     sexual harassment as defined in the policy, the record as a
     whole will be considered as well as the context in which the
     conduct occurred.  "Environment sexual harassment" normally
     arises from a repeated or pervasive course of conduct
     whereas "bargained-for sexual harassment" can be based on a
     single act.  
           Facts will be judged on the basis of what is
     reasonable to persons of ordinary sensitivity and not on the
     particular susceptibility of an individual, unless that
     susceptibility is known to the alleged harasser.

C.  Penalties
     Penalties will be determined on the basis of the facts of
each case and the extent of harm to the University's interests,
as well as any University record indicating previous similar
wrong doing by the accused person.  Penalties will be set
according to regulations governing student conduct and employment
relationships.  These regulations are described in the UNCA
Policy and Procedure Manual, the UNCA Student Handbook, the UNCA
Faculty Handbook and the North Carolina Office of State Personnel
Manual.

D.   Anti-retaliation Assurance
     This policy seeks to encourage students and employees to
express freely, responsibly, and in an orderly way opinions and
feelings about any problem or complaint of sexual harassment. 
Any act of reprisal violates this policy and will result promptly
in appropriate disciplinary action.

E.  Improper Complaints
     This policy shall not be used to bring frivolous or
malicious complaints against students or employees.  If a
complaint has been made in bad faith, disciplinary action will be
taken against the person bringing the complaint.

F.   Confidentiality
     Information generated in the course of informal reviews and
formal investigations necessary to enforcing this policy will be
given the full extent of confidentiality accorded by law to
employee personnel records and student educational records.  Any
person who, without authorization, reveals such information will
be subject to disciplinary action.  The sharing of the content of
complaints will be on a "need to know" basis and will depend on
the type of review and response required by the complainant.  In
any case when a complaint is being mediated and/or investigated,
the accused will be informed of the specific details of the
complaint.

G.  Responsibility for Implementation
     A University employee who has knowledge of conduct involving
sexual harassment that may have occurred must take action to
address the matter immediately.  Not to do so may result in
serious consequences for the University and will be considered a
breach of responsibility.


April 1996