NC State University

Resolution Procedures for Harassment Complaints

REG 04.25.2

November 18, 2002 Archived Version (Effective November 18, 20002 through August 3, 2004)

Non-Discrimination

Authority: Issued by the Chancellor. Changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.

History: First Issued: August 30, 1999. Last Revised: November 18, 2002. Additional History Information

Related Policies:

BOG interpretation of "personal malice" used in UNC Code Section 604B
Board of Trustees Policy - Grievance Procedure for Faculty and EPA Professional Employees
Board of Trustees Policy - Racial Harassment
Board of Trustees Policy - Sexual Harassment
Board of Trustees Policy - Code of Student Conduct
Board of Trustees Policy - Uniform Student Grievance Procedures
Administrative Regulation - Unlawful Harassment Policy Statement
Administrative Regulation - Sexual Orientation Policy Statement.

Contact Info: Vice Provost for Equal Opportunity and Equity (919-515-4559)

I.          What May Be Grieved

These procedures are to be used to resolve complaints of harassment based upon race, color, religion, creed, sex, national origin, age, disability, veteran status or sexual orientation.

I.          Who May Grieve

    1. Employees of North Carolina State University, including
      1. full-time or part-time employees;
      2. permanent, time-limited, probationary, trainee or temporary employees;
      3. SPA or EPA employees;
      4. Students employed by the university.
    2. Students of North Carolina State University, including
      1. full-time or part-time students;
      2. undergraduate, graduate or Life Long Education students.
    3. Other individuals visiting or affiliated with North Carolina State University.

III.       Other Remedies

A.                 The existence of this procedure does not bar individuals from also filing claims simultaneously under Title VII (Civil Rights Act of 1964) with the Equal Employment Opportunity Commission and under Title IX (Education Amendments of 1972) with the Office for Civil Rights of the Department of Education.

B.                 SPA employees with a grievance concerning discrimination or retaliation may appeal directly to the Office of Administrative Hearings of the State Personnel Commission.

IV.       Informal Resolution

A.                 Students with a concern regarding harassment may contact an academic advisor, university administrator, or the Office for Equal Opportunity for assistance.

B.                 Employees and others with a concern regarding harassment may contact their supervisor or other appropriate university administrator, Human Resources or OEO for assistance.

C.                 Additionally, any individual -- students, staff, faculty, administrators, and others -- may consult with a Harassment Resolution Officer (HRO) for information and assistance regarding options available for resolving complaints.

D.                 Complaints of harassment may be resolved through a variety of informal options, including but not limited to the following:

1.                  The affected party may confront the alleged harasser in person regarding the conduct, with or without the assistance of a supervisor (for employees), representatives from Human Resources (for employees), representative OEO (for employees, students and others), advisor (for students) or HRO (for employees, students and others).

2.                  The affected party may confront the alleged harasser in writing regarding the conduct, with or without the assistance of a supervisor, advisor, Human Resources, OEO, or HRO.

3.                  The affected party may ask a supervisor, advisor, Human Resources, OEO, or HRO to notify the alleged harasser of the concern.

4.                  The affected party may ask a supervisor, advisor, HRO Human Resources or OEO to mediate between the parties.

5.                  The affected party may seek assistance through the University Mediation Program.

6.                  Administrators and supervisors may explore and resolve any informal complaints.

V.                 Formal Resolution: Student Respondents

Complaints against students, which cannot be informally resolved, may be presented as a formal charge through the Office of Student Conduct, or may be presented to OEO as a signed complaint.  The Office of Student Conduct may refer harassment charges it receives to OEO for investigation before the Office of Student Conduct decides if a disciplinary proceeding is warranted.

VI.              Formal Resolution: All Other Cases

A.  SPA employees who have a complaint of harassment may use the formal grievance procedure administered by Human Resources. (See the section on Unlawful Workplace Harassment in the Human Resources Manual, Policy #1202, located on the Web at http://www2.acs.ncsu.edu/hr/docs/grievance.doc).  This is the required procedure for SPA complainants who want to maintain their appeal rights through the Office of Administrative Hearings of the State Personnel Commission.  To use this procedure, the SPA employee must submit a written complaint to Human Resources within 30 calendar days of the alleged harassment.

B.   SPA employees who do not submit a written complaint to Human Resources within 30 days may still utilize the informal processes described in Section IV for resolving their concern; however, such individuals will not have the option of later appealing to the Office of Administrative Hearings of the State Personnel Commission or using any University appeal procedures.

C.     All other employees (non-SPA) who seek formal resolution normally should file their harassment complaints with OEO (unless the complaint is against OEO, in which case it may be filed with the Chancellor's office).  Any complaints filed directly with Human Resources must be coordinated with OEO.  Complaints may also be presented to a unit head (Department head, director or higher), or to other university officials who shall forward the complaints to OEO.  Complaints seeking formal resolution must be filed within 30 days of the alleged harassment.  Occasionally, circumstances may exist that delay a student or employee from bringing forth a complaint within 30 days; the reasons for the delay in reporting these allegations must be shared with OEO, and OEO may extend the time limit based on extenuating circumstances and at its sole discretion.

D.     Formal resolution begins with a signed written complaint. However, the university may be legally obligated to investigate absent a signed complaint when there is notice that harassment may be occurring.

E.      OEO or HR, as applicable, will investigate each formal complaint and prepare a report of its findings, unless the Chancellor specifies otherwise.  The report will be given to the unit head.  “Unit head” means deans in the case of non-SPA employees working in the colleges, it means the supervisor of the alleged harasser in the case of non-SPA employees outside of colleges, and it means department head or director for SPA employees. 

      1. The unit head will determine if discipline or other action is appropriate after reviewing the OEO report and any additional information the unit head considers relevant.
      2. The unit head will inform the complainant in writing that a decision has been made, whether or not harassment was found, and that appropriate action is being taken, if harassment is found.  Complainants will not be told what disciplinary action, if any, is being taken.  Complainants may be told results that directly affect them, results that do not involve personnel file information, and whether the complaint was substantiated.  Unit heads must prepare a memorandum for the department files that states that release of the foregoing information to the complainant is “essential to maintaining the integrity of such department or to maintaining the level or quality of services provided by such department.”

    II.                  Confidentiality

    All complaints and proceedings will be subject to the University's legal obligations to assure resolution and will be kept confidential to the extent permitted by law.  Information about harassment complaints may be shared where necessary to investigate, prevent or remedy harassment.

    1. Appeal Routes

      1. Any SPA employee who is not satisfied with the formal resolution of a complaint of harassment may appeal directly to the Office of Administrative Hearings of the State Personnel Commission, if the original complaint of harassment was submitted in writing to Human Resources within 30 calendar days of the alleged harassing action. The university has 60 calendar days from receipt of the written complaint to take appropriate remedial action, after which time the employee has 30 calendar days to appeal directly to the Office of Administrative Hearings.
      2. (http://www.ncsu.edu/policies/student_services/student_griev/REG11.40.1.php).  Complainants other than SPA employees (i.e., students and EPA employees) who are not satisfied after the formal resolution by a unit head or the office of student conduct (“OSC”) may appeal as follows:
        1. A complainant may appeal on the grounds that the administrator's decision has not stopped ongoing harassment, or that it does not remedy present effects of past harassment, that directly and adversely affect the complainant.  The complainant must show on appeal that his or her rights under university policy or state or federal law continue to be violated after the administrator's decision.  (For example, if a professor gave a low grade to harass a student because of racial animosity, and the unit head's decision did not correct the grade or provide a fair alternative grading mechanism, the student complainant could appeal the unit head's lack of effective remedial action.)  Dissatisfaction with the university's action or lack of action is not by itself grounds for appeal.
        2. A written appeal statement must be filed with the Vice Chancellor who has ultimate oversight for the decision.
        3. Appeal statements must be filed within 30 days of the date that notice of the administrator's written decision is sent to the complainant.
        4. Appeal statements must include a copy of the original complaint, a summary of previous efforts to resolve the harassment (including a list of university personnel that the complainant has contacted for assistance), and a description of how the complainant's rights continue to be violated.
        5. The Vice Chancellor, or designee, who reviews the appeal may solicit a response from the administrator who made the initial decision, will review the OEO report, and may review other information relevant to the appeal.
        6. The Vice Chancellor will provide the complainant with a written decision on appeal, either hand-delivered or sent certified return receipt mail.  This will be the final decision at the institutional level.  Any further appeal rights will be governed by policies of the University of North Carolina and by federal or state law.