The
UNC Policy Manual
300.8.5
Adopted
05/23/24
The University of North Carolina
reaffirms its longstanding commitment to the equality of opportunity in
education and employment as a core value, and the Board of Governors repeals Section 300.8.5 of the UNC Policy Manual, Policy on Diversity and Inclusion Within
the University of North Carolina, and Section 300.8.5[R] of the UNC Policy Manual, Regulation on Diversity and Inclusion
Within the University of North Carolina, and supersedes them with the
following policy:
I.
Purpose.
The law of North Carolina defines “The University of North Carolina [as] a
public, multicampus university dedicated to the service of North Carolina and
its people.” Its mission prescribed by law is to “discover, create, transmit,
and apply knowledge to address the needs of individuals and society.” G.S. 116-1. Accomplishing the former—addressing
the needs of individuals—requires that each be treated as an individual
deserving of dignity and inclusion. The University shall continue to ensure
that diverse persons of any background, from North Carolina and beyond, are
invited, included, and treated equally. Diversity means the ways in which
individuals vary, including, but not limited to, backgrounds, beliefs,
viewpoints, abilities, cultures, and traditions that distinguish one individual
from another.
II.
Nondiscrimination
in Employment Practices & Educational Programs and Activities. The
University of North Carolina’s employment practices and provision of
educational programs and activities shall continue to comply with federal and
state law prohibiting discrimination and harassment of members of protected
classes, including, without limitation, Title VII of the Civil Rights Act of
1964, The Age Discrimination in Employment Act of 1967, Title IX of
the Education Amendments of 1972, the Americans with Disabilities Act of 1990,
and the Uniformed Services Employment and Reemployment Rights Act.
III.
Ensuring
Equality of All Persons & Viewpoints. The University of North Carolina
shall continue to comply with the requirements of G.S. 126-14.5 and -14.6 and Section 300.5.1 of the UNC Policy Manual, Political Activities of Employees,
including, without limitation, their protections of the equality of all persons
enshrined in Article I, Section 1 of the North Carolina Constitution and the Fourteenth Amendment to the United States Constitution, their prohibitions on compelled
speech in hiring, professional advancement, and admissions, and their
requirement that State employees respect the dignity of others. This policy
further extends the nondiscrimination requirements for State government workplaces
outlined in G.S. 126-14.6 to university-led student
orientations, training, or activities.
IV.
Commitment
to the Freedom of Speech & Expression. The University of North Carolina
shall continue to protect the freedom of speech and expression enshrined in the
First Amendment to the United States Constitution and Article I, Section 14 of
the North Carolina Constitution, and this policy shall be implemented
consistent with and subject to those protections. Indeed, the University of
North Carolina shall continue its proud tradition of pursuing and embracing the
most vigorous, open, and thoughtful exchange of ideas as that objective is
enshrined in Section 1300.8 of the UNC Policy Manual, Policy on Free Speech and Free Expression
Within the University of North Carolina System.
V.
Maintaining
Academic Freedom. The Board of Governors reaffirms that academic freedom is a
prerequisite to maintaining and strengthening a world-class university. The
University of North Carolina shall therefore take no action that would limit
the right of academic freedom in its faculty’s pursuit of teaching, research,
and service, subject only to the institutional tenure policies as contemplated
in Section 602 of The Code, as well as
applicable law.
VI.
Commitment
to Student Success & Employee Wellbeing.
The University of North Carolina’s commitment to equality of all persons
includes a commitment to equality of opportunity for all students that enroll
in a constituent institution and for all employees that serve the University.
Campuses shall ensure that qualified students of all backgrounds are welcomed,
included, and supported in their pursuit of a degree or certificate and that
employee wellbeing remains a priority. Campuses shall continue to implement
programming or services designed to have a positive effect on the academic
performance, retention, or graduation of students from different backgrounds, provided that programming complies with the institutional
neutrality specified in Section VII of this policy and/or other state and
federal requirements.
VII.
Maintaining
Institutional Neutrality. Every employing subdivision of the University in both
its organization and operation shall adhere to and comply with the strictures
of institutional neutrality required by G.S. 116-300 (3a). Accordingly, no employing subdivision
or employment position within the University shall be organized, be operated,
speak on behalf of the University, or contract with third parties to provide
training or consulting services regarding: matters of contemporary political
debate or social action as those terms are used in Section 300.5.1 of the UNC Policy Manual; any prescribed “view of social policy” or
“political controversies of the day,” as those terms are used in G.S. 116-300 (3) and (3a); or in furtherance of the concepts listed in G.S. 126-14.6(c)(1)–(13). The foregoing prohibition shall have
no effect on employing subdivisions or employment positions tasked with
ensuring compliance with federal or state law nor shall the foregoing
prohibition affect University efforts to abide by the commitments to the freedom
of speech and expression and academic freedom described in Sections IV and V of
this policy, respectively.
VIII.
Reporting
Requirement. Prior to September 1, 2024, and again on or before September 1
annually thereafter, the chancellor and the director of student affairs, or
equivalent officer, of each constituent institution of the University of North
Carolina shall certify in writing to the president that the constituent
institution fully complies with the University’s commitment to institutional
neutrality and nondiscrimination required by law and this policy and shall
describe in substance the actions taken to achieve compliance. The chancellors’
certifications shall also include a report on reductions in force and spending,
along with changes to job titles and position descriptions, undertaken as a result of implementing this policy and how those
savings achieved from these actions can be redirected to initiatives related to
student success and wellbeing.
IX.
Exceptions
for Student-led Organizations. Student-led organizations may use university
facilities and receive student activity funding notwithstanding any speech or
expressive activity by such organizations that would otherwise violate Section
VII, provided that such use and receipt of student activity funding may only be
granted to student-led organizations pursuant to the written policies or
regulations of each constituent institution for use of university facilities
and resources.
X.
Effective
Date. This policy is effective upon its adoption.