THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE FACULTY SENATE Senate Document Number 0396F Date of Senate Approval 10/10/96 Statement of Faculty Senate Action: FWDC 1: Procedures for Reporting Sexual Harassment In Faculty Handbook, p. 52-53 Delete all of section 3.8.6.2 Procedures Add the following: 3.8.6.2 PROCEDURES FOR REPORTING SEXUAL HARASSMENT Applicable to: Applicants for employment; current and former employees of theUniversity who are/were subject to the State Personnel Act; current and former employees of the University who are/were exempt from the State Personnel Act; persons who serve the University as its agents and are under the control of the University and all others who teach, conduct business or participate in activities at the University. Procedures: The purpose of these procedures is to provide a prompt and fair resolution of problems and to preserve the due process rights of all involved, including the rights to receive notice of complaints and to have an opportunity for an impartial investigation. These procedures also are created to provide for discipline of violators of UNCA Sexual Harassment Policy. However, University administration may take immediate and reasonable action to stop harassment if necessary, and is not limited to the process provided herein. In the event you believe sexual harassment has occurred or is occurring, you are encouraged to communicate clearly, preferably in writing, to the harasser and state that the conduct is not acceptable. You are also encouraged to maintain careful written records of the harassment and to continue to maintain current records throughout the process. If the conduct has not stopped after your communication or if you do not wish to make the initial contact with the harasser, you may contact your immediate supervisor, a department head/chair, vice chancellor, sexual harassment policy advisor, or the University Affirmative Action Officer/Director of Human Resources. The person to whom the report is made may work informally to resolve the matter. If both parties are satisfied with the outcome of the informal process, the matter ends. University employees should send to the Affirmative Action Officer a written record of the nature of the allegation, the parties involved, the advice given to the complainant, and the resolution reached. It is preferable the report be signed by the person making the complaint. Complaints of violations of the UNCA Sexual Harassment Policy will be accepted in writing or orally, and anonymous complaints will be taken seriously and investigated. Anyone who has observed sexual harassment should report it to their immediate supervisor, a department head/chair, vice chancellor, a sexual harassment policy advisor or the University Affirmative Action Officer. The right to issue a complaint is not limited to someone who is the direct target of the harassment. Once a complaint is made to a University official, the official will document the complaint and forward it to the Affirmative Action Officer. The Affirmative Action Officer will maintain all records related to such cases separately from the University employee's personnel file. Unresolved complaints will be investigated promptly and impartially. The supervisor, department head/chair, or vice chancellor should consult with the University Affirmative Action Officer/Director of Human Resources to determine a course of action to resolve the complaint informally. If the complaint cannot be resolved informally, a University investigatory team will complete an investigation, make a determination of whether sexual harassment has occurred, and forward recommendations to the Chancellor for measures to resolve the issue, including disciplinary action if appropriate. The Chancellor will provide both parties to the complaint with written notice of all determinations and recommendations. The Chancellor shall have the final and ultimate determinations of discipline based primarily upon the investigations and recommendations derived from the outlined process. All reasonable attempts will be made to complete this entire process in a timely manner. Informal complaints shall be resolved within 30 days of the date of the complaint being filed. Formal complaints shall be resolved within 30 days of the date the complaint is received by the Affirmative Action Officer. Confidentiality shall be maintained to the greatest extent possible within the requirements of conducting reasonable investigations. Only those who have an immediate need to know will or may find out about the identity of the parties. Any retaliation against a complainant or witnesses is prohibited specifically by policy and the person will be disciplined in accordance with prescribed disciplinary measures defined by state or university policy as applicable. Grievances: Any current or former State employee who feels he/she has been sexually harassed in violation of UNCA policy and North Carolina General Statutes 126-16 may file a grievance through the UNCA grievance procedures (as applicable to SPA, EPA non-teaching or EPA faculty.) Consistent with North Carolina General Statutes 126-36 and 36.1, any applicant for State employment or any current or former State employee who feels that he/she has been sexually harassed may request a hearing by the State Personnel Commission without first following the UNCA grievance procedure. Such request must be made in compliance with procedures as set forth in the Disciplinary Action, Suspension and Dismissal Policy, Section 9 of the North Carolina Personnel Manual. Sexual harassment is a violation of Title IV of the Civil Rights Act of 1964. Employees or applicants may choose to file a complaint of sexual harassment directly and formally with the Equal Employment Opportunity Commission. Disciplinary action taken by the Chancellor against any party of the complaint is grievable under the particular grievance process of the job classification, i.e. EPA faculty, EPA non-teaching, or SPA (as appropriate). Approved: __________________________________________ Adopted on: ________ day of __________________, 19_____ *A list of current sexual harassment policy advisors may be obtained through the Vice Chancellor of Academic Affairs, the Vice Chancellor of Student Affairs, residence administrators, the Human Resources Office, the Affirmative Action Officer, or your supervisor. Rationale: In Spring 1996, the Senate approved a revised UNCA sexual harassment policy (SD 6096S). These procedures accompany the new policy.