Resolution Procedures for Harassment Complaints
REG 04.25.2
September
17, 2001 Archived Version (Effective September 17, 2001 through November 17, 2002)
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: September 17, 2001. 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:
- 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.
- Who May Grieve
- 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.
- Students of North Carolina State University, including
- full-time or part-time students;
- undergraduate, graduate or Life Long Education students.
- Other individuals visiting or affiliated with North Carolina State University.
- Other Remedies
- 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.
- SPA employees with a grievance concerning discrimination or retaliation
may appeal directly to the Office of Administrative Hearings of the State
Personnel Commission.
- Time Limits
- 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.
- 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.
- Students, EPA employees, other employees, and other affiliated individuals
should present complaints to an appropriate unit administrator or to the
Office for Equal Opportunity as promptly as possible and no later than 180
days from the most recent alleged incident of harassment so as to afford
the greatest possibility of an informed and fair resolution. Occasionally,
circumstances may exist that delay a student or employee from bringing forward
a complaint within 180 days; the reasons for the delay in reporting these
allegations must be shared with the Office for Equal Opportunity, and the
Office for Equal Opportunity may extend the time limit based on extenuating
circumstances and at its sole discretion.
- Informal Resolution
- Students with a concern regarding harassment may contact an academic advisor,
university administrator, or the Office for Equal Opportunity for assistance.
- 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.
- 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.
- Complaints of harassment may be resolved through a variety of informal
options, including but not limited to the following:
- The affected party may confront the alleged harasser in person regarding
the conduct, with or without the assistance of a supervisor (for employees),
representative 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).
- The affected party may confront the alleged harasser in writing regarding
the conduct, with or without the assistance of a supervisor, advisor or
HRO.
- The affected party may ask a supervisor, advisor or HRO to notify the
alleged harasser of the concern.
- 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.
- The affected party may seek assistance through the University Mediation
Program.
- Administrators and supervisors may explore and resolve any informal
complaints.
- 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.
- Formal Resolution: Employee Respondents
- 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.
- 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.
- 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.
- Formal resolution through the Unit Head or Office for Equal Opportunity
involves the following:
- 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.
- Likewise, the Office for Equal Opportunity will notify and consult with
the Unit Head when in receipt of such complaints.
- The Office of Legal Affairs may also be consulted for advice in resolving
complaints of harassment.
- Consultation between the Office for Equal Opportunity and the Unit Head
will determine an appropriate course of action.
- When appropriate, the unit head will explore and resolve the complaint.
- Otherwise, an investigation will be conducted by the Office for
Equal Opportunity.
- 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.
- Those seeking more complete confidentiality should consult the Counseling
Center, the Employee Assistance Program or the Chaplains' Cooperative Ministry.
- Appeal Routes
- 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.
- 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.
- 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.
|