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UNLAWFUL WORKPLACE HARASSMENT PREVENTION PLAN

Human Resources Policy: HR 20 99 Effective 3/1/99

PURPOSE:

This policy is to establish that The University of North Carolina at Pembroke prohibits in any form unlawful workplace harassment or retaliation of State employees.

SCOPE:

Covers all full-time, part-time, permanent, probationary, trainee, time-limited permanent, former employee or temporary employee.

POLICY:

It is the policy of UNC Pembroke that no State employee may engage in conduct that falls under the definition of unlawful workplace harassment indicated below. All employees are guaranteed the right to work in an environment free from unlawful workplace harassment and retaliation.

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 unwelcomed 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 to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
Retaliation is adverse action taken because of opposition to unlawful workplace harassment.

OBJECTIVES:

It is the intention of UNC Pembroke to create a work environment that is free 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 statement for the agency;
(b)    sensitizing employees to the subject through training, orientation, and literature;
(c)    developing disciplinary actions addressing unlawful workplace harassment;
(d)    establishing unlawful workplace harassment grievance procedures.

TIMETABLE:

Upon approval of the plan

UNC Pembroke will include the workplace harassment policy statement in orientation packets for new employees.

The 1999 training schedule will include unlawful workplace harassment training.

The existing grievance process will be used to address any grievances.

RESPONSIBILITY FOR IMPLEMENTATION:

EEO Officer's/Personnel Responsibility

developing the policy statement for the agency;

communicating the policy and plan to new and existing employees;

scheduling workshops on unlawful workplace harassment;

developing methods to evaluate program activities;

coordinating related activities;

investigating and obtaining any additional information of cases alleging unlawful workplace harassment needed to complete documentation of the file;

advising as appropriate and necessary all parties involved in cases alleging unlawful workplace harassment to include supervisor, grievant, and alleged harasser;

monitoring procedures and disciplinary action of all alleged cases; and

serving as resource person to all employees.

Supervisor's Responsibility

administering the agency's policy,

preventing and correcting any identifiable discrimination and/or unlawful workplace harassment,

counseling of employees when appropriate to prevent and correct unlawful workplace harassment, and

creating and maintaining a work environment free of unlawful workplace harassment.

Employee's Responsibility

adhering to the policy of the agency,

reporting illegal discrimination and unlawful workplace harassment, and

maintaining a work environment free of unlawful workplace harassment and retaliation.

Training

The EEO officer will provide training for all supervisors and staff to sensitize them to workplace harassment issues. Training for supervisors and staff will be conducted as recommended and designed by Office of State Personnel's Equal Opportunity Services Division.
(a)    Training for supervisors on
        --the State's policy
        --unlawful workplace harassment
        --unlawful workplace harassment grievance procedures
        --illegal discrimination and unlawful workplace harassment
        --corrective steps
        --State and Federal laws
        --appropriate disciplinary actions
(b)    Training for employees on
        --discrimination and unlawful workplace harassment
        --the State's policy
        --employee rights
        --grievance procedures
        --State and Federal laws
        --disciplinary actions
Counseling
Employees who claim unlawful workplace harassment will be referred to the State Employee Assistance Program.
Grievance Procedures and Appeals

1.    Grievant must submit a written complaint to the employing agency within 30 calendar days of the alleged harassing action.

2.    Employing agency shall take appropriate remedial action within 60 calendar days from receipt of written complaint. Agency grievance procedures shall include this responsibility.
3.    After the agency's 60 calendar-day response period has expired, the grievant may appeal directly to the Office of Administrative Hearings and the State Personnel Commission within 30 days if not satisfied with the agency's response to complaint.
4.    In the event the immediate supervisor is the individual charged with harassment, the employee may appeal directly to the EEO Officer.
5.    Any 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 the State Personnel Commission.
6.    The established grievance process will be used to address unlawful workplace harassment claims. The current process will be amended to include the above steps.
Discipline

appropriate disciplinary action will be taken on any employee engaged in unlawful workplace harassment;

all cases alleging unlawful workplace harassment will be reviewed on a case-by-case basis;

UNC Pembroke prohibits against interference, coercion, restraint, or reprisal against any person complaining of unlawful workplace harassment; and

all parties are entitled to a fair and impartial hearing.

DISSEMINATION

The unlawful workplace harassment policy will be disseminated to all employees. New employees will receive the policy during orientation. Existing employees will receive the policy through scheduled training sessions. The policy statement will be posted conspicuously on main bulletin boards across campus.

EVALUATION/REPORTING

The Unlawful Workplace Harassment Prevention Plan will be evaluated annually to review progress toward stated goals. All unlawful workplace harassment claims will be reported annually in the PMIS.

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Office for Business Affairs
PO Box 1510
Pembroke, NC 28372-1510
Phone: 910.521.6209
Fax: 910.521.6878
Email: ba@uncp.edu