Subject
UNLAWFUL WORKPLACE HARASSMENT
Section
HR
Part
Policy
Statement 22a
Effective Date 3/21/01
Return
to Policies & Procedures
Statement of Policy
The policy of Fayetteville State University is that no employee may engage
in conduct that falls under the definition of unlawful workplace harassment as
defined below. All employees are guaranteed the right to work in an
environment free from unlawful workplace harassment and retaliation.
Conduct towards as outside vendor or contractor that would
constitute unlawful workplace harassment toward an employee con constitute
unacceptable personal conduct.
Fayetteville State University affirms its commitment to ensure
an environment throughout its campus community that is free from unlawful
workplace harassment and promotes the tenets of fairness, respect and a healthy
regard for its many diversities. Any and all instances of unlawful
workplace harassment will be addressed promptly and in a confidential manner by
the campus administration.
DEFINITIONS
Unlawful Workplace Harassment is unwelcomed or unsolicited speech or
conduct based upon race, sex, creed, religion, national origin, age, color, or
handicapping condition as defined by G.S. 168A-3 that creates a hostile work
environment or circumstances involving quid pro quo.
Hostile Work Environment is one that both a reasonable
person would find hostile or abusive and one that the particular person who is
the object of the harassment perceives to be hostile or abusive. Hostile
work environment is determined by looking at all of the circumstances, including
the frequency of the allegedly harassing conduct, its severity, whether it is
physically threatening or humiliating, and whether it unreasonably interferes
with an employee's work performance.
Quid Pro Quo harassment consists of unwelcome sexual
advances, requests for sexual favors, or other verbal or physical conduct when
(1) submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment, or (2) submission or rejection of such
conduct by an individual is used as the basis for employment decisions affecting
such individual.
Retaliation is adverse treatment which occurs because
of opposition to unlawful workplace harassment.
OBJECTIVES
The creation of a work environment at Fayetteville State University that is
freed of any conduct which falls under the definition of unlawful workplace
harassment by:
a) developing and
disseminating to all employees an unlawful workplace harassment policy for
Fayetteville State University;
b) sensitizing
employees to the subject through training, orientation and literature;
c) updating or
revising unlawful workplace harassment grievance procedures as required.
TIMETABLE
The above objectives will be implemented immediately pending notification of
approval of the FSU Unlawful Workplace Harassment Prevention Plan by the Office
of State Personnel. Objective "b" above will be an on-going
process and will be emphasized to employees during quarterly training and
monthly new employee orientation sessions.
RESPONSIBILITIES OF EMPLOYEES AND SUPERVISORS
Employees
It is the responsibility of each employee to adhere to the policy as it
regards unlawful workplace harassment at Fayetteville State University.
Employees also have a responsibility to report illegal discrimination and
unlawful workplace harassment instances to their supervisor or a member of the
administration for investigatory purposes and/or the taking of corrective
action. Finally, it is the responsibility of all employees to conduct
themselves in such a manner as to contribute to an environment free of unlawful
workplace harassment.
Supervisors/Managers/Administrators
Employees performing in any type of supervisory capacity have a special
responsibility to administer the University policy for Unlawful Workplace
Harassment. Supervisors are further responsible for taking the lead role
in preventing and/or correcting identifiable instances of discrimination and/or
Unlawful Workplace Harassment. Finally, supervisors are responsible for
counseling employees when appropriate to prevent and/or correct unlawful
workplace harassment. For instance where employee victims of unlawful
workplace harassment experience work-related problems (e.g. absenteeism, low
productivity, stress induced psychological problems), supervisors shall advise
such employees of the availability of the State Employee Assistance
Program.
TRAINING
Supervisors are trained in the following areas of Unlawful Workplace
Harassment:
State Policy
Definition of Unlawful Workplace
Harassment
Illegal Discrimination
Appropriate Disciplinary Actions
Unlawful Workplace Harassment
Grievance Procedures
State and Federal Laws
FSU Policy on Unlawful Workplace
Harassment and its component parts
Retaliation by supervisor
Employees will be provided training in the following
areas:
State Policy
Definition of Unlawful Workplace
Harassment
FSU Policy on Unlawful Workplace
Harassment
Employee Rights
FSU Grievance Procedure to address
Unlawful Workplace Harassment
Penalties associated with retaliation
All initial and/or refresher training on Unlawful Workplace Harassment will be
conducted by the Fayetteville State University Office of Human Resources.
RESPONSIBILITY FOR IMPLEMENTATION
The Director of Human Resources/University Affirmative Action Officer shall
have the overall responsibility for implementation of policies and procedures to
address unlawful workplace harassment.
The Director of Human Resources/University Affirmative Action
Officer is further responsible for the development and delivery of a
comprehensive program of training and awareness for all supervisors, as they
regard the prevention of unlawful workplace harassment.
The Fayetteville State University policy for Unlawful
Workplace Harassment will be distributed to all offices and departments of the
University by the Office of Human Resources, and will be discussed and
distributed to new employees during the orientation of new employees. Furthermore,
hard copies of the policy will be made available to employees upon request and
via the Office of Human Resources Web page.
Finally, copies of the policy will be posted on office
bulletin boards and will be periodically referred to in the Quarterly Employee
Newsletter.
GRIEVANCE PROCEDURES
General
Fayetteville State University has reviewed its current grievance policy and
procedures and has made the necessary revisions to ensure consistency with the
Unlawful Workplace Harassment Policy.
To address instances of unlawful workplace harassment and
ensure timely and confidential resolution of each instance, Fayetteville State
University has established an informal counseling and mediation process, as well
as a formal appeal procedure for addressing allegations of unlawful workplace
harassment, consistent with the reporting and resolution time frames specified
in SB78. The use of mediation or informal counseling does not preclude the
accessing of the formal grievance procedure.
The grievant has the right to bypass any step of the
University grievance process involving the review of or decisions by the alleged
harasser.
THE PROCESS
Any former employee, full-time or part-time employee with either permanent,
probationary, trainee, time-limited permanent or temporary appointment who feels
that he/she has been unlawfully harassed in the workplace must do the following:
(1) Submit a written complaint to the Affirmative Action
Officer within 30 calendar days of the alleged harassing action.
(2) The University
will respond with appropriate remedial action within 60 calendar days from
receipt of the written complaint or written waiver of 60-day period and
acknowledgement thereof. The University will provide a written response to
the grievant when it has determined what action, if any, will result from the
grievant's written complaint.
(3) After the
University's 60-calendar day (or less, if waived) response period has expired,
the grievant may appeal directly to the Office of Administrative Hearings and
the State Personnel Commission within 30 calendar days of the University's
response.
Note: An individual 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 State Personnel Commission.
Note: Grievants may file a simultaneous complaint
under Title VII with the Equal Employment Opportunity Commission (EEOC).
Note: Applicants, while not covered under the State
statue (SB78), are covered under other State and Federal Civil Rights Acts.
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.
DISCIPLINE
Appropriate disciplinary/remedial action for proven cases of unlawful
workplace harassment will depend upon the severity of the incident, but could
result in discharge from University employment. The current University and
State policies for Disciplinary Action, Suspension and Dismissal from a personal
conduct perspective will be applied consistently and fairly.
PROHIBITION
Any act of reprisal, interference, coercion or restraint by a University
official against any employee responsibly complaining of unlawful workplace
harassment is prohibited. The taking of such action(s) by a University
official violates this policy, and will result in appropriate disciplinary
action.
EVALUATION
The Director of Human Resources shall be responsible for maintaining and
reporting unlawful workplace harassment complaints through the established
grievance reporting mechanisms in the Personnel Management Information System (PMIS).
The Director of Human Resources will also review unlawful workplace harassment
statistics with the Executive Staff of the University on at least an annual
basis.
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