OF
THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL
CONTENTS
II. Responding to Sexual Harrasment Concerns
III. Administrative Responsibility
IV. Administrative Review Procedures
A. Individual Responsibility
It is the responsibility
of every employee and student in the University community to conduct himself
or herself in a manner that contributes to an
environment
free of sexual harassment.
B. Who is Covered Under the Policy?
The Sexual Harassment
Policy and Procedures apply to all University students, agents, and employees,
including faculty, EPA non-faculty, staff, and
student employees.
C. Definition of Sexual Harassment
Sexual harassment is unlawful discrimination on the basis of sex. Such
conduct violates both law and University policy, and it will not be
tolerated in the University community.
Unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature by one in an official
University position or by a fellow University employee or student constitute
sexual harassment when
1. submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment or
academic standing,
2. submission to or rejection of such conduct by an individual is used
as the basis for an employment or academic decision
affecting that individual, or
3. such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating intimidating, hostile, or offensive environment.In determining whether alleged conduct constitutes sexual harassment, the record as a whole will be considered, as well as the totality of the circumstances, such as the nature of the alleged conduct and the context in which it occurred.
D. Retaliation of Any Kind
Prohibited
This Policy encourages
students and employees to express freely, responsibly, and in an orderly
way their opinions and feelings about any problem or
complaint of
sexual harassment. Any act by a University employee or agent of reprisal,
interference, restraint, penalty, discrimination, coercion or
harassment --
overtly or covertly -- against a student or an employee for responsibly
using the Policy and its procedures interferes with free expression
and openness.
Such acts violate this Policy and are grounds for prompt and appropriate
disciplinary action.
E. Abuse of this Policy
Because of the
nature of the problem, complaints of sexual harassment often cannot be
substantiated. Lack of corroborating evidence should not
discourage complainants
from seeking relief through procedures outlined in this Policy. Charges
found to have been intentionally dishonest or made in
willful disregard
of the truth, however, will subject the complainant to disciplinary action.
F. Academic Freedom and Sexual Harassment
UNC-Chapel Hill
is committed to the principles of free inquiry and expression. Vigorous
discussion and debate are fundamental to this commitment,
and this Policy
is not intended to restrict teaching methods or freedom of expression,
nor will it be permitted to do so.
Sexual harassment,
however, is neither legally protected expression, nor the proper exercise
of academic freedom. On the contrary, sexual harassment
compromises
the University’s integrity, as well as its tradition of intellectual freedom.
For conduct to constitute sexual harassment in a higher education
teaching context,
the complainant(s) must show that (1) the behavior substantially interfered
with a student’s academic performance, class participation,
or educational
opportunity, (2) the behavior would be regarded as offensive by a reasonable
person in the same context, and (3) the behavior was
persistent,
pervasive, and not germane to the academic subject matter.
G. Confidentiality
Confidentiality is an extremely important issue for people who have concerns
about sexual harassment. Administrators responsible for
implementing this Policy will respect the privacy and confidentiality of
individuals reporting or accused of sexual harassment to the fullest
extent possible; however, the University is obligated to investigate all
allegations that might be severe enough to constitute sexual
harassment as defined by law (Section I.C.) and thus confidentiality cannot
be guaranteed unless a legally protected relationship exists.
Confidential consultations may be available from individuals who, by law,
have special professional status, such as mental health
counselors, physicians, chaplains, ministers, and/or personal attorneys.
In these cases, the level of confidentiality depends on what legal
protections are held by specific persons receiving the information. Whichever
person the complaining or accused parties elect to discuss
their concerns with, the issue of confidentiality should be addressed with
them before specific facts or identities are disclosed.
There is no provision for anonymous complaints under this Policy and Procedures:
in any investigation of sexual harassment allegations, the
accused must promptly be made aware of the complaint and of the identity
of the complainant(s).
H. Important Time Considerations
Two options are available to University employees or students who believe
they have been victims of sexual harassment and who choose
to attempt to resolve the matter under this Policy. The procedures associated
with both options have strict time limits for bringing and
addressing complaints.
All time limits are explained under the various options outlined in this
Policy, and questions concerning any of these may be addressed to
any of the resources listed below (Section I.I.).
I. Resources for Information and Assistance
Questions concerning this Policy may be addressed to the University's Sexual
Harassment Officer (962-3026), the Dean of Students
(966-4042), the Associate Vice Chancellor for Human Resources (962-1554),
the Vice Chancellor and General Counsel (962-1219),
the Equal Opportunity/ADA Officer (966-3576), the Human Resources Counseling
Service (962-2656), or respective Chairs of the
Student, Faculty, and EPA Non-Faculty Grievance Committees.
These individuals are prepared to help all members of the campus community
understand the Policy. They are able to explain the options
available for resolving concerns related to sexual harassment in academic
or work settings at the University. They cannot assure complete
confidentiality, however, unless a legally protected relationship exists
(see Section I.G.).
Additional copies of this Policy are available from Department Chairs,
from the offices listed above, and on the Sexual Harassment
Office’s website at www.ais.unc.edu/hr.
II. Responding to Sexual harassment CONCERNS
All members of
the University community should feel free at any time to seek advice from
any of the resources listed above (Section I.I.) when
attempting to
deal with behavior they believe is sexually harassing. In most situations,
it is possible to consult with these individuals initially without
identifying
one’s name or department. It is important to understand, however, that
when a University administrator has knowledge of conduct that might
constitute sexual
harassment, he or she has an affirmative obligation to investigate the
matter. An investigation requires that the complainant be identified
so that the
person accused of harassment can be assured of due process.
A. University Employees
1. Faculty or EPA Non-Faculty Employees
A faculty member or EPA non-faculty employee who believes he or she has
been the victim of sexual harassment must
attempt to resolve the matter initially through Administrative Review by
informing the administrative official most directly
concerned, excluding the person accused of sexual harassment, within 180
calendar days of the alleged harassment. During
the period a faculty or EPA non-faculty complainant participates in Administrative
Review, time limits for filing a internal
grievance will be suspended. Information about Administrative Review procedures
may be found in Section IV of this Policy.
Additional information about this process is available from the University’s
Sexual Harassment Officer.
2. SPA Employees
An SPA employee who believes he or she has been the victim of sexual harassment
may attempt to resolve the matter either
through Administrative Review, or through grievance procedures, as more
fully discussed in Sections IV. and V. below.
a. Administrative Review Option
An SPA employee who chooses to use Administrative Review procedures must
inform the administrative official most directly
concerned, excluding the person accused of sexual harassment, within 180
calendar days of the alleged harassment. If an SPA
employee wishes to preserve his/her rights to proceed under the grievance
policy, he/she must file a grievance within 30 calendar
days of the alleged harassment.
Under Administrative Review procedures, a departmental administrative official
conducts an investigation and determines
appropriate corrective action, if the findings of the investigation warrant.
Under North Carolina law , during the period an SPA complainant participates
in Administrative Review, the time limit for filing a
grievance will not be suspended.
If an SPA employee initially chooses Administrative Review procedures to
attempt to resolve the matter, and should the
Administrative Review fail to produce a resolution satisfactory to the
employee, he or she will not be able to file a grievance unless
the employee has suffered an adverse employment action as defined by State
law and the grievance is filed within 30 calendar days
of the alleged harassment. Additional information about what constitutes
an adverse employment action is available from the Human
Resources Counseling Service.
Information about Administrative Review Procedures may be found in Section
IV. Additional information about this process is
available from the University’s Sexual Harassment Officer.
b. Grievance Option
An SPA employee who chooses not to use Administrative Review may proceed
instead as indicated in the staff
grievance procedure by filing his or her complaint in writing with the
Human Resources Counseling Service
within 30 calendar days of the alleged harassing incident (see Section
V.A.).
Additional information about filing options under the staff grievance procedure
is available from the Human
Resources Counseling Service.
3. Faculty, EPA Non-Faculty, or Staff Employees Harassed by Students
A faculty, EPA non-faculty, or SPA employee who believes he or she has
been harassed by a student, but not in the course
of the student’s University employment, if any, should consult with any
of the resources listed in Section I. I. about available
options.
Complaints also may be made through the Instrument of Student Judicial
Governance, which has procedures distinct from the
procedures outlined in Section V of this Policy. Information about the
Instrument is available from the Office of the Dean of
Students.
B. University Students
1. Students Harassed by University Employees
A student (whether employed or not employed at the University) who believes
he or she has been the victim of sexual
harassment by an employee (faculty member, EPA non-faculty member, staff
member, or student employee in the course of
their University employment) is encouraged to attempt to resolve the matter
through Administrative Review by informing the
administrative official most directly concerned, excluding the person accused
of sexual harassment, within 180 calendar days
of the alleged harassment.
During the period a student complainant participates Administrative Review,
any time limit for filing a internal grievance will be
suspended. Information about Administrative Review Procedures may be found
in Section IV. Additional information about
this process is available from the University’s Sexual Harassment Officer.
A student who chooses not to use Administrative Review Procedures may instead
proceed directly to the Student Grievance
Committee, as specified in Section V.B.
2. Students Harassed by Other University Students
If a student believes he or she has been the victim of sexual harassment
by another student, and the harassment has not
occurred in the course of the latter student’s University employment, the
student complainant should proceed according to
the Instrument of Student Judicial Governance. Information concerning the
Instrument is available from the Office of the Dean
of Students.
C. University Employees or Students Harassed by Non-Employees or Non-Students
An employee or student who believes that, in the course of employment or
study at the University, he or she has been a victim of sexual
harassment by someone other than another University employee or student
should contact his or her Department Chair, Director, or one of
the resources for information and assistance listed in Section I.I.
Non-employees or non-students who might be parties involved in sexual harassment
complaints that may fall under this Policy include, but
are not limited to, agents working under contract for the University, patrons
or patients using University facilities or services, or supervisors
of internships, practica, preceptorships, or field placements.
III. Administrative Responsibility
Responsibility
for implementing this Policy falls especially upon University administrators
and supervisors, and timely and appropriate response is
required. Should
an employee in an administrative or supervisory position have knowledge
of conduct involving sexual harassment or receive a
complaint of
sexual harassment that involves a University employee, including student
employees or agents under his or her administrative jurisdiction,
immediate steps
must be taken to deal with the matter appropriately. Timely response --
consultation with the Sexual Harassment Officer, notification of
the Dean or
Director, investigation, education, mediation, documentation, and/or disciplinary
action, if appropriate -- is essential.
For an Administrative
Review, the University considers a timely response to be 30 calendar days
from receipt of a complaint through submission of a
final report
to the Sexual Harassment Office. See Section IV.C. for additional information.
Any extension of the response time requires the approval of
the Associate
Vice Chancellor for Human Resources.
IV. Administrative Review PROCEDURES
Under this Policy,
Administrative Review is an option for handling complaints in which responsibility
for investigation and resolution of allegations of
sexual harassment
falls especially upon Deans, Directors, Department Chairs, and others in
administrative and supervisory positions throughout the
University.
Because of the
sensitive nature of alleged harassment incidents, every reasonable effort
should be made to resolve them through Administrative Review.
Detailed guidelines
for handling sexual harassment allegations through this option are available
from the Sexual Harassment Officer.
A. Initial Steps on Receiving an Allegation of Sexual Harassment
1. a. When an
allegation of sexual harassment is brought to the attention of the alleged
harasser’s supervisor or administrator, that individual must
contact the
Sexual Harassment Officer immediately for consultation regarding an appropriate
response. This consultation does not necessarily involve
identifying
any of the parties involved. If an Administrative Review is deemed appropriate
after this consultation, however, the supervisor or
administrator
will indicate in writing to the Sexual Harassment Officer the names of
the parties involved and his or her intention to investigate, as there
is
no provision
for handling anonymous complaints under Administrative Review.
In addition to
notifying the Sexual Harassment Officer, supervisors or administrators
who become aware of a possible sexual harassment problem or
complaint in
their department must notify their Dean or Director.
b. When an allegation
of sexual harassment is brought initially to the attention of the Sexual
Harassment Officer, that individual, with the complainant’s
knowledge, will
contact the supervisor or administrator most directly involved, excluding
the person accused of sexual harassment, to inform the
supervisor or
administrator of the complaint and his or her responsibilities under this
Policy.
2. Administrative
Review procedures do not require that complainants provide a written statement
describing their complaint, though they may do so if
they wish. Complainants
are responsible only for conveying their complaint orally to the appropriate
administrator or supervisor, who is then responsible
for documenting
the complaint and having the complainant review and sign the documentation
to indicate that it is correct. Once an administrator
receives a written
complaint or signed documentation of an oral complaint, the administrator
will promptly inform the alleged harasser about the
complaint.
The administrator
should at the same time provide the name(s) of complaining parties to the
accused, along with counsel to not engage in any behavior
towards the
complainant(s) that could in any way be construed as retaliatory.
3. The supervisor
of the person accused of sexual harassment has responsibility for conducting
an Administrative Review in accordance with this
section. If
the complainant is associated with a department different from that of
the accused, the complainant’s supervisor must be consulted by the
alleged harasser’s
supervisor during the Administrative Review and may be invited to participate
in the process. However, decisions regarding findings
of fact and
sanctions rest with the alleged harasser’s supervisor.
B. Reviewing the Complaint and Taking Appropriate Corrective Action
1 . In determining whether alleged conduct constitutes sexual harassment and what, if any, corrective action should be taken, an administrativereviewer 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.2. At this level of resolution, if an Administrative Review results in a finding that the conduct or issue complained of is not
sexual harassment, efforts should be made to be constructively educational for all parties, informing them about the nature of
sexual harassment and what it does and does not involve.
3. If an Administrative Review results in a finding of sexual harassment or other violation of this Policy, any disciplinary action
taken should be corrective rather than punitive. Sufficient resolution may include an acknowledgment of the violation, a
commitment not to engage in such behavior in the future, along with a letter of reprimand, a written warning, or other
appropriate action directed toward the person who has violated this policy.
4. If an Administrative Review results in a finding of sexual harassment or other violation of this Policy, in deciding what
action is appropriate, the administrative reviewer should consult with the Sexual Harassment Officer or the EO/ADA Officer
to determine whether previous relevant findings involving concerned parties exist and, if so, the nature of those findings. If
such confidential records exist, the administrator should consider them in reaching his or her decision about a resolution. The
administrative reviewer should also consult with his or her Dean or Director about appropriate corrective action.
C. Required Documentation
and Report
1. Whether or not there is ultimately a finding of sexual harassment, the administrative reviewer shall make a record of the incident, including the
names of parties involved, any documents submitted or signed by the complainant concerning the nature of the alleged incident(s), any documents
submitted or signed by the accused concerning that party’s response to the allegations, and the resolution of the complaint.
2. He or she shall submit this report to his or her Dean or Director and to the Sexual Harassment Officer within 30 calendar days of receiving a complaint or otherwise learning of conduct involving sexual harassment that requires investigation. The Sexual Harassment Officer is responsible for submitting a copy to the EO/ADA Officer, and each Officer shall maintain a confidential file of such records.
3. In addition to submitting a confidential report to the Sexual Harassment Officer and the appropriate Dean or Director, the
administrator or supervisor will maintain an appropriate record in the confidential departmental personnel file and/or the
appropriate student’s file.
D. Notification of Findings
1. Upon
completing an investigation of a complaint related to sexual harassment,
the administrative reviewer is responsible for notifying both parties,
to the
extent permitted
by law, of the results of the investigation and of his or her efforts to
resolve the complaint. The administrative reviewer may inform the
complainant
that disciplinary action has been taken, but may not reveal the specifics
of the action. Additional information about what may and may not
be reported
to either party is available from the Vice Chancellor and General Counsel.
2.
The administrative reviewer must inform both the complainant and the accused
that each may inspect the record of the incident to which they are parties
by contacting
the Sexual Harassment Officer, and each may also submit a written statement
to that Officer for the confidential file. The Sexual
Harassment Officer
will then provide a copy of the additional statement for the confidential
files of the administrator or supervisor originally involved, the
appropriate
Dean or Director, and the EO/ADA Officer.
3. In the case of students, faculty, and EPA-non faculty, the administrator should inform both the complainant and theV. Grievance Procedures
accused that either may file an appeal of the Administrative Review under the grievance procedures outlined in Section V.B.
Any grievance
must be handled as expeditiously as possible. Further, the phrase "administrative
official most directly concerned," as used in the
procedures of
each grievance mechanism, will be interpreted not to include the person
accused.
In all grievance
procedures, appeal of an administrative official’s decision does not constitute
a grievance against the supervisor or administrator who
conducted the
initial Review.
Finally, as with
Administrative Review procedures, in determining whether alleged conduct
constitutes sexual harassment and what, if any, corrective
action should
be taken, the record as a whole must be considered, as well as the totality
of the circumstances, such as the nature of the alleged conduct
and the context
in which it occurred.
A. SPA Employees
1. An SPA employee who chooses not to use Administrative Review
procedures (see Section II.A.2.) may proceed instead
as indicated in the staff grievance procedure, within 30 calendar days
of the alleged harassing incident. Relevant forms and
additional information about filing complaints under the staff grievance
procedure are available from the Human Resources
Counseling Service.
2. The grievance will proceed according to established rules set forth
in Section XIII of the Human Resources Manual for
SPA Employees. The University has 60 calendar days from receipt of the
signed written complaint to respond with
appropriate corrective action.
After this 60-day internal response period has expired, the grievant may
appeal directly to the Office of Administrative
Hearings if not satisfied with the University’s response to his or her
complaint. This appeal must be filed by the grievant within
30 calendar days following the 60 calendar days the University has to complete
its internal response to the employee’s
grievance.
B. Students, Faculty, and EPA Non-Faculty
1. Appeal of an Administrative Review
Should any faculty, EPA non-faculty employee or student believe that he
or she has been the victim of sexual harassment, and
should the Administrative Review, if used initially, have failed to produce
a resolution satisfactory to that person, the
employee or student complainant may file a grievance against the alleged
harasser under the appropriate grievance
procedure. If a complaint is resolved under Administrative Review procedures
to the satisfaction of the complainant but not
to the accused, the accused may proceed to the internal grievance procedure
to which he or she has access.
Either party has 30 calendar days from being informed of the Administrative Review resolution to file a grievance.
A grievance must be filed by a written, signed statement submitted to the
Committee to which, by virtue of his or her position
or circumstance in the University, the complainant has access: for a student,
the Student Grievance Committee; for an EPA
non-faculty employee, except a librarian holding general faculty membership,
the EPA Non-Faculty Grievance Committee;
and for a faculty member or a librarian holding general faculty membership,
the Faculty Grievance Committee.
The relevant grievance committee in each case has 30 calendar days to complete
its review and submit its report with
recommendations to the appropriate administrator.
Note: A faculty member who alleges sexual harassment as evidence of an
allegation that a decision not to reappoint him or
her was based upon one or more of the existing impermissible grounds stated
in the Trustees Rules and Regulations
Governing Academic Tenure in The University of North Carolina at Chapel
Hill (the "Tenure Regulations") must complain to
the Faculty Hearings Committee in accordance with Section IV of the Tenure
Regulations). Copies of the Tenure Regulations
are available from Department Chairs and from the offices listed above
in Section I.I.
2. Grievance Committees
Faculty, EPA non-faculty, and student grievance committees shall observe
the following procedures for matters arising under
this Policy.
a.The grievant and the accused shall have the right to counsel, to present the testimony of witnesses and other evidence, to confront and cross-examine witnesses, and to examine all submitted documents and other evidence. Counsel may not examine witnesses or other parties, but may advise their clients during the hearing in a manner that is not disruptive to other involved parties at the hearing.
b. The scope of the investigation is determined by the committee Chair
in his or her discretion, according to the
charge and the facts. Further, except as otherwise described in this Policy,
the conduct of the hearing is under
the charge of the hearing Chair.
c. The committee will consider only the evidence presented at the hearing,
using its judgment in deciding what
evidence presented is fair and reliable. In doing so, the committee is
not bound by the rules of evidence. A
recording or other record is kept of all proceedings in which evidence
is presented.
d. For all committees, if the majority of the members find that
the accused has violated this Policy, the
committee will be entitled to receive from the Sexual Harassment Officer
or the EO/ADA Officer the
confidential records, if any, of prior incidents involving the accused,
and will be entitled to consider such records
in reaching its recommendations. A summary of these records must be included
in the committee's
recommendations to the supervisor.
e. If the majority of the committee finds that the accused has violated
this Policy, it will recommend, in writing,
an appropriate course of action -- which may include recommendation of
appropriate sanctions -- to the
supervisor of the accused, with a copy to the supervisor’s Dean or Director.
Any recommendation for suspension from employment or enrollment , diminishment
in rank, or dismissal from
employment or enrollment must proceed according to established University
policies and procedures on
dismissal for cause.
f. The supervisor of the accused will consider the committee's recommendations
and prepare a written decision
within 15 calendar days that accepts or rejects the committee’s report,
conclusions, and recommendations -- in
whole or point by point. The supervisor of the accused will then file this
written decision with his or her Dean or
Director and with the Sexual Harassment Officer, who is responsible for
providing a copy to the EO/ADA
Officer.
g. It is the responsibility of the supervisor’s Dean or Director to
oversee implementation of the supervisor’s
decisions, including implementation of any disciplinary action. It is the
supervisor’s responsibility to notify his or
her Dean or Director and the Sexual Harassment Officer as soon as all corrective
action, including any
disciplinary action, has been carried out.
3. Appeal of the Committee’s Recommendations and Subsequent Administrative Decisions
Following the committee’s review and disposition of the complaint, the
student, faculty, or EPA non-faculty complainant
and/or the accused may within 5 calendar days appeal the committee’s recommendations
and subsequent decisions of the
administrator, using the appropriate grievance mechanism and existing University
procedures.
Response to this appeal will be completed within 10 calendar days of its
receipt, unless an extension for good cause has been
approved by the Associate Vice Chancellor for Human Resources. Additional
information about these procedures is
available at the Office of the Vice Chancellor and General Counsel (962-1219).
The entire grievance process for students, faculty, and EPA non-faculty
should be completed within 60 calendar days of the
date the grievance was initially received, unless an extension for good
cause has been approved by the Associate Vice
Chancellor for Human Resources.
The EO/ADA Office
will report annually to the Chancellor on all incidents that have been
reported under this Policy. The Sexual Harassment Officer
will report
quarterly to the Chancellor through the Associate Vice Chancellor for Human
Resources.
The effective date of this Policy is July 1, 1999.