Non-Discrimination

REG 04.25.2

August 21, 2000 Archived Version (Effective August 21, 2000 through September 16, 2001)

Resolution Procedures for Harassment Complaints

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: August 21, 2000. Additional History Information.

Related Policies: BOG interpretation of term "personal malice" used in UNC Code Section 604B, issued March 9, 1990; 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:

Policy Statement.

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.

II. Who May Grieve

A. Employees of North Carolina State University, including

full-time or part-time employees;
permanent, time-limited, probationary, trainee or temporary employees;
SPA or EPA employees;
Students employed by the university.

B. Students of North Carolina State University, including

full-time or part-time students;
undergraduate, graduate or Life Long Education students.

C. 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. Time Limits

A. With regard to complaints of harassment, SPA employees wishing to access their appeal rights through the Office of Administrative Hearings of the State Personnel Commission must submit a written complaint to Human Resources within 30 calendar days of the alleged harassing conduct.

B. With regard to complaints of harassment, SPA employees who do not submit a written complaint to Human Resources within 30 calendar days may still utilize both the informal and formal processes described below 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.

C. Students, EPA employees, other employees, and other affiliated individuals should present complaints to an appropriate unit administrator or to the Office for Equal Opportunity in a reasonable, timely manner, so as to afford the greatest possibility of an informed and fair resolution.

V. 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 the Office for Equal Opportunity 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 from the Office for Equal Opportunity (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 or HRO.

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

4. The affected party may ask a supervisor, advisor, HRO or representative from Human Resources or the Office for Equal Opportunity 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.

VI. 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.

VII. . Formal Resolution: Employee Respondents

A. Complaints against employees, which cannot be informally resolved, may be presented for formal resolution to the Office for Equal Opportunity, Human Resources, a Unit Head (department head, director or higher), or through the SPA Grievance Process.

B. SPA employees who want to maintain their appeal rights through the Office of Administrative Hearings of the State Personnel Commission must file a grievance in accordance with the SPA Grievance Process. SPA employees who choose not to utilize the SPA Grievance Process may still present a complaint to an appropriate Unit Head, or to the Office for Equal Opportunity as stated above. However, such individuals will not have the option of filing a grievance through the SPA Grievance Process or later appealing to the Office of Administrative Hearings of the State Personnel Commission.

C. Formal resolution usually begins with a signed complaint. However, it should be noted that the university may be legally obligated to investigate absent a signed complaint when there is notice that harassment may be occurring.

D. Formal resolution through the Unit Head or Office for Equal Opportunity involves the following:

1. Upon receipt of the complaint, the Unit Head should notify and consult with the Office for Equal Opportunity so as to ensure consistent interpretation of policy and confirmation of any previous relevant complaints.

2. Likewise, the Office for Equal Opportunity will notify and consult with the Unit Head when in receipt of such complaints.

3. The Office of Legal Affairs may also be consulted for advice in resolving complaints of harassment.

4. Consultation between the Office for Equal Opportunity and the Unit Head will determine an appropriate course of action.

a. When appropriate, the unit head will explore and resolve the complaint.

b. Otherwise, a Civil Rights Investigation will be conducted by the Office for Equal Opportunity.

VIII. Confidentiality

A. 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.

B. Those seeking more complete confidentiality should consult the Counseling Center, the Employee Assistance Program or the Chaplains' Cooperative Ministry.

IX. Appeal Routes

A. 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.

B. Any faculty or other EPA employee who is not satisfied with the formal resolution of a complaint of harassment may appeal as specified through the Grievance Procedure for Faculty and EPA Professional Employees Board of Trustees Policy 24.01).

C. Any student who is not satisfied with the formal resolution of a complaint of harassment may appeal as specified through the Grievance Procedure for Students.

Left Navigation