These procedures are intended to provide for the prompt and equitable resolution of harassment. These procedures apply to all university students, agents, and employees, including full and part-time students, graduate and undergraduate; and full, part-time and temporary employees, including faculty, EPA professionals, and SPA employees, as well as visitors. The university recognizes that there are multiple avenues for resolving harassment concerns, from informal means and mediation to formal investigations. The university encourages individuals who believe that they are the subject of harassment to report incidents in accordance with these procedures.

Confidentiality

Other Remedies

The existence of these procedures does not prohibit individuals from also filing claims under Title VII (Civil Rights Act of 1964) with the Equal Employment Opportunity Commission or under Title IX (Education Amendments of 1972) with the Office of Civil Rights, U.S. Department of Education.

SPA employees may file a grievance under the Unlawful Workplace Harassment section of the SPA Grievance and Appeal Policy. This is the required procedure for SPA employees who desire 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 grievance to Human Resources within thirty (30) calendar days of the alleged harassment. SPA employees who do not submit a written grievance to Human Resources within this time frame may still utilize the formal resolution procedures for resolving their concerns as stated below but will not have the option of later appealing to the Office of Administrative Hearings or using any other university appeal procedures.

In deciding whether to pursue informal means, including mediation, the affected individual is encouraged to seek the assistance of representatives in the Office of the Dean of Students, Housing and Residence Life staff, Student Health Services, the Counseling Center or Human Resources. These offices are available to assist the affected individual in crafting the message to send to the offending individual, as well as recommending other informal mechanisms and setting up mediation. Whichever office the affected individual elects to discuss his/her concerns with, the issue of confidentiality should be addressed before specific facts or identities are disclosed due to the university’s legal obligations to investigate all allegations that may constitute harassment as defined in the university’s harassment prevention policy.

1. Telling the alleged offender his or her behavior is unwelcome and must stop.

2. Asking for an apology and a commitment that the behavior will stop.

3. Sending a copy of the university’s harassment prevention policy to the alleged offender.

4. Writing to the alleged offender regarding the conduct, pointing out the effects of such behavior, and explaining the behavior change desired.

5. Having the pertinent supervisor to counsel the alleged offender about appropriate behaviors and conduct expectations.

6. Seeking to mediate the concern.

Complaints about students must be presented to the Office of the Dean of Students. The Dean of Students, or designee, shall investigate and take appropriate disciplinary action commensurate with the severity and/or frequency of the conduct. Discipline resulting from student harassment shall be taken in accordance with the procedures provided in The Code of Student Life.

A complaint must be presented within ninety (90) calendar days of the alleged harassing incident to the EEO/AA officer. If filed later than ninety calendar (90) days, the EEO/AA officer may extend the time limit based on extenuating circumstances and at his/her sole discretion. If the allegations are against the EEO/AA officer, the complainant may present the complaint to the general counsel for investigation and resolution.

Complainants are not required to provide a signed, written statement describing their complaint; though such documentation is strongly encouraged. If the complainant conveys the allegations verbally, the EEO/AA officer, or designee, shall document the complaint and have the complainant review and sign the documentation to indicate that it is accurate and complete.

Depending on the nature and severity of the allegations, the university may be obligated to investigate a complaint of harassment without a signed, written statement once the university has actual notice of possible harassment. Under Title IX, the university is legally obligated to take prompt and remedial measures to end harassment of a student, even if the student does not make a complaint or otherwise requests action to be taken.

The EEO/AA officer, or designee, shall determine whether the allegations fall within the scope of the university’s harassment prevention policy. If the determination is that the policy is implicated, the EEO/AA officer, or designee(s), shall investigate promptly.

At a minimum, the investigator(s) shall provide for an interview of the complainant and the respondent. Witnesses should also be interviewed, and any relevant documentary evidence shall be reviewed. The investigator(s) shall take notes of all individuals who are interviewed. The investigator(s) shall instruct individuals that retaliation is prohibited and is a violation of university policy and the law. The individuals shall also be instructed about the confidentiality and privacy parameters of the investigation.

Both the complainant and the respondent may be accompanied when interviewed by another member of the university community, so long as the individual does not interfere with the interview. This person’s role is simply as an observer. Representation by legal counsel during the interview is prohibited.

Upon completion of the investigation, the investigator(s) shall prepare a written report of the factual findings and a conclusion about whether a policy violation has been committed. The EEO/AA officer shall forward the report to the pertinent senior officer in the unit where the respondent is employed.

In the event that a violation of the university’s harassment prevention policy is found, the pertinent senior officer shall determine the appropriate disciplinary action, in consultation with the EEO/AA officer, and in accordance with the appropriate disciplinary procedures pertaining to the affected individual (e.g. Section 603 of the Code of the Board of Governors for imposition of serious sanctions against a faculty member; SPA Grievance Procedure; or EPA Grievance Procedure). Any prior violations of the harassment prevention policy involving the respondent shall be considered in any disciplinary action.

The complainant and the respondent shall be informed immediately when the investigation is completed. Results of the investigation, the report, and any subsequent disciplinary action shall be kept confidential to the extent allowed by the Family Educational Rights and Privacy Act (“FERPA”) and the North Carolina Personnel Records Act.

The EEO/AA officer and the Dean of Students shall provide statistics on an annual basis to the chancellor of the number of incidents that have been investigated under the formal resolution procedures.

1. The harassment is ongoing;
2. The remedy was not implemented;
3. Material procedural irregularities occurred during the investigation; or
4. New evidence has been discovered that had not been available during the investigation

 

Dissatisfaction with the university’s conclusion from the formal resolution procedures is not grounds for an appeal. Appeals of any disciplinary action must be taken in accordance with the SPA grievance procedures, the EPA grievance procedures, or Section 603 of the Code of the Board of Governors, as appropriate.

A written appeal statement must be filed within thirty (30) calendar days after notice that the investigation has been completed. The statement must be sent to the EEO/AA officer.

Appeal statements must include a copy of the original complaint, a summary of efforts to resolve the harassment, and the grounds for the appeal.