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THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Office of the Chancellor
William 0. McCoy Acting Chancellor		103 South Building Campus Box 9100 Chapel Hill, NC 27599-9100 (919) 962-1365 Fax (919) 962-1647 william_mccoy@unc.edu
May 25, 1999

MEMORANDUM

TO: Deans, Directors, Department Heads
Human Resources Facilitators

FROM: William 0. McCoy

RE: Unlawful Workplace Harassment Prevention Plan for SPA Employees

I would like to inform you of the introduction of an Unlawful Workplace Harassment Prevention Plan that applies to employees subject to the State Personnel Act. A separate letter will be sent to all staff employees informing them of this Plan, and you will be listed as resources in that letter. I want to emphasize the importance of this Plan and your responsibility as campus leaders and contact persons to contribute to a work and learning environment free of harassment and discrimination based on age, sex, color, national origin, religion, creed, or handicapping condition.

I am enclosing a copy of the new Plan, effective June 1, 1999. The Plan contains general policy information, important definitions, employee rights and responsibilities (including time frames for bringing complaints), university responsibilities, procedures for investigating and resolving complaints, available training and counseling opportunities, appropriate disciplinary actions, and a prohibition on retaliation. While I have highlighted the major sections of the Plan, I encourage you to review it in its entirety in order to increase your understanding and familiarity of the University's procedures for addressing SPA employees' concerns about unlawful workplace harassment. This Plan is also addressed in the University's Racial Harassment Policy, Sexual Harassment Policy, and Staff Grievance Policy and Procedure, and is meant to complement the procedures provided by those policies.

EPA employees who feel that they have been subjected to harassment based upon their age, sex, color, national origin, religion, creed, or handicapping condition will continue to address their complaints through the appropriate grievance procedure.

It is critical that people who work and study at the University understand what harassing behaviors are, what expectations the University has for respectful and appropriate interactions among faculty, staff, and students, and what resources are available to assist with resolving related concerns.

There are several offices on campus that are prepared and available to assist you in understanding the Plan or to offer training for your department. These offices include that of the Human Resources Counseling Service (962-2656), the Associate Vice Chancellor for Human Resources (962-1554), the Equal Opportunity/ADA Officer (966-3576), the University Sexual Harassment Officer (962-3026), and the Vice Chancellor and General Counsel (962-1219).

Neither the problem of unlawful workplace harassment nor the negative consequences for failing to deal with them appropriately will be eliminated from our community unless commitment to the spirit as well as the letter of this Plan is vigorous and pervasive throughout the University. I urge your support of this Plan.

The University of North Carolina at Chapel Hill
Unlawful Workplace Harassment Prevention Plan for SPA Employees

Effective Date: June 1, 1999

POLICY STATEMENT	The University of North Carolina at Chapel Hill recognizes the rights of members of the University community to learn and work in an environment free from unlawful harassment and/or retaliation based upon age, sex, color, national origin, religion, creed, or handicapping condition as defined by state statute. Any unlawful harassment against employees is prohibited.
DEFINITIONS	Unlawful workplace harassment is unwelcome or unsolicited conduct based upon age, sex, race, color, creed, religion, national origin, or handicapping condition as defined by state statute that unlawfully affects the working conditions of an employee by creating a hostile work environment or involving that employee in a quid pro quo circumstance. A Hostile Environment is one that both a reasonable person would find abusive and one that the particular employee who is the object of the alleged harassment perceives to be abusive. Whether or not a hostile environment exists depends on all of the circumstances, including the frequency of the allegedly harassing conduct, its severity (including whether it is physically threatening or humiliating), and whether the conduct unreasonably interferes with the employee's work performance. Quid Pro Quo harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct involving a prohibited basis as defined above, when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that particular individual. Retaliation is adverse action taken because of an employee's opposition to unlawful workplace harassment as defined above.
POLICY DISSEMINATION	A copy of this policy will be distributed to all new SPA employees at their staff orientation. In addition, a copy of this policy will be mailed to all SPA employees.
EMPLOYEE RIGHTS AND RESPONSIBILITIES	An SPA employee who feels that he or she has been the victim of unlawful harassment should bring the matter to the attention of a University administrator at any time. For a formal resolution, the employee must file a written complaint with the University within 30 calendar days of the last action, and/or may file a complaint with the EEOC within 180 calendar days of the last action if he or she has a complaint under Title VII of the Civil Rights Act.
UNIVERSITY RESPONSIBILITY	In allegations of unlawful workplace harassment, the University will review the totality of the circumstances to determine whether the alleged conduct constituted unlawful workplace harassment.
INVESTIGATION AND RESOLUTION PROCEDURE	The University's procedure for handling complaints of unlawful harassment of an SPA employee can be found in the Staff Grievance Procedure, Section )MI of the Human RESOURCES MANUAL FOR SPA Employees The University also has additional mechanisms available for addressing sexual and racial harassment complaints through its Sexual Harassment Policy and Procedures and Racial Harassment Policy and Procedures.
PREVENTION ACTIVITIES	The University, through the Office of Human Resources and the EEO/ADA Office, is committed to offering group training and individual counseling sessions with employees to sensitize and educate them on unlawful harassment. Such training and counseling may cover what type of conduct is defined as harassment, applicable State and University policies, means of preventing unlawful behavior, including appropriate corrective measures, and/or available resources on campus for information and assistance. Such training will be offered on a periodic basis as advertised through the University Gazette and through electronic communications with departmental HR Facilitators, or may be arranged by contacting the offices listed above.
APPROPRIATE DISCIPLINARY ACTIONS	Disciplinary actions shall be consistently and fairly applied, and any disciplinary action taken should be corrective rather than punitive. Appropriate disciplinary action may range from no action to dismissal and will be administered in accordance with University policies. However, in determining whether alleged conduct constitutes unlawful harassment and what, if any, appropriate remedial action should be taken, the University reviewer must consider the record as a whole, as well as the totality of the circumstances, such as the nature of the alleged conduct and the context in which it occurred.
PROHIBITION OF RETALIATION	Any act by a University employee or agent of reprisal, interference, restraint, penalty, discrimination, coercion or harassment - overtly or covertly - against an SPA employee for responsibly using the Harassment Policy and its Procedures interferes with free expression and openness. Such acts violate this Policy and are grounds for prompt and appropriate disciplinary action. See also Section B.5. of the Staff Grievance Procedure, Section )G11 of the Human Resources MANUAL FOR SPA Employees.
OTHER APPLICABLE UNIVERSITY POLICIES	Sexual Harassment Policy and Procedures Racial Harassment Policy and Procedures Staff Grievance Procedure

Signed:
__________________________________________	_____________
Chancellor	Date

TO:	Deans, Directors, Department Heads Human Resources Facilitators
FROM:	William 0. McCoy
RE:	Unlawful Workplace Harassment Prevention Plan for SPA Employees