Unlawful Workplace Harassment Policy and Plan

An SPA employee who wishes to complain of workplace harassment should follow the University’s GRIEVANCE POLICY AND PROCEDURES FOR STAFF EMPLOYEES. The grievant must submit a written complaint to his/her supervisor within 30 calendar days of the alleged harassing action. If the alleged harasser is the immediate supervisor, the employee can bypass this person and take the complaint to the second step of the process as outlined in the aforementioned policies. The employee may also elect to bypass any step in the University’s procedure involving review of or decisions by the alleged harasser. The Employee Relations Manager in the Department of Human Resource Services will be available to assist employees with this process and to answer an employee’s questions about this policy and the procedures to be followed in handling the employee’s complaint[2]. All communications between the employee and the Employee Relations Manager will be kept confidential in accordance with the North Carolina State Personnel Records Privacy Act[3]. In those cases where the employee’s complaint is against his or her supervisor, the individual with administrative responsibility to investigate the complaint will be the Associate Vice Chancellor for Human Resource Services (or designee). While the complaint is pending, the Associate Vice Chancellor for Human Resource Services may direct the employee to report directly to the accused supervisor’s supervisor if it is deemed to be in the best interest of the parties and the University.

The University is responsible for taking appropriate remedial action within 60 calendar days from receipt of the written complaint unless the University has waived the 60-day period, and grievant has acknowledged such waiver. The waiver and acknowledgement shall be in writing.

If the University has not responded within 60 calendar days, or the grievant is not satisfied with the University’s response to the complaint, an SPA grievant may appeal directly to the Office of Administrative Hearings and the State Personnel Commission within 30 calendar days. (NOTE: The grievant also has the right to file a simultaneous complaint under Title VII with the Equal Employment Opportunity Commission [EEOC]).

An EPA NONFACULTY employee who wishes to complain of workplace harassment should follow the University’s APPEAL GUIDELINES FOR DESIGNATED EXEMPT EMPLOYEES. The grievant must first attempt to resolve the complaint through discussion with the administrative official most directly empowered to adjust the matter. If this attempt proves unsuccessful, the grievant must submit a petition for review of the complaint in a timely fashion to the Chair of the EPA Nonfaculty Appeals Committee, with a copy to the Chancellor. If the Committee determines that, if proven true, the alleged violations would constitute workplace harassment, a hearing must be held to give the grievant an opportunity to prove his or her allegations.

After a hearing, the Committee’s findings, opinions and recommendations will be written and delivered to the Chancellor with a copy to the Grievant normally within 30 days, but no later that 60 days (unless the grievant waives the 60-day limit), after receipt of the petition for review. In those cases where the employee’s complaint is against his or her supervisor, the Provost (or designee) may direct the employee to report directly to the accused supervisor’s supervisor if it is deemed to be in the best interest of the parties and the University.

If the University has not responded within 60 calendar days, or the grievant is not satisfied with the University’s response to the complaint, the grievant may appeal to the Board of Trustees.

Note: An SPA employee with a grievance concerning a denial of employment, promotion, training, or transfer, or concerning a demotion, layoff, transfer or termination due to discrimination based on age, sex, race, color, national origin, religion, creed, political affiliation or handicapping condition as defined by G.S. 168A-3, or a grievance based on retaliation for opposition to alleged discrimination may still appeal directly to the Office of Administrative Hearings and the State Personnel Commission.

Former SPA employees must first file through their departmental procedures before appealing directly to the Office of Administrative Hearings and the State Personnel Commission.

Applicants, while not covered under the State statute (SB78), are covered under other state and Federal Civil Right Acts.

Conduct towards an outside vendor or contractor that would constitute unlawful workplace harassment toward an employee could constitute unacceptable personal conduct.

A prompt and impartial investigation will be made of all cases alleging unlawful workplace harassment based on presented facts surrounding the misconduct. Any interference, coercion, restraint or reprisal of any person complaining of unlawful workplace harassment is prohibited.

1. Under State law, G.S. 126-34.1, workplace harassment based on sexual orientation does not constitute grounds for a contested case under Article 3 or Chapter 150B. In other words, harassment based on sexual orientation may not be grieved beyond the University.
2. Assistance with process does not imply advocacy or advice about the course of action the employee should take, but rather, to help the employee understand the policy and steps in the process.
3. Confidentiality under the Personnel Records Privacy Act does not preclude disclosure of information in University administrators who need to have that information to investigate or process the complaint or to protect University interests.