Improper Relationships between Students and Employees and Workplace Harassment: Difference between pages

Revision as of 15:38, 13 June 2011

Policy 603.23

Introduction

Scope

Definitions

Consistent with State law and University policy, workplace harassment is defined as unwelcome or unsolicited speech or conduct based upon race, sex, sexual orientation, creed, religion, national origin, age, color, or handicapping condition as defined by N.C.G.S. § 168A-3, that creates a hostile work environment or circumstances involving quid pro quo.

A 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 to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

Retaliation is adverse treatment against individuals who file a complaint about or otherwise oppose workplace harassment, or who provide information relative to a complaint, or who are involved in the complaint in any way.

Note: Sexual harassment does not include personal compliments welcomed by the recipient, or social interaction or relationships freely entered into by State employees or prospective employees.

Note: Examples of sexual harassment, however, can include:

A employee who repeatedly hugs and puts his or her arms around another employee or makes lewd and/or sexually suggestive statements that emphasize their sexuality.
A supervisor who labels and demeans an employee based on his or her sex.

Note: The U.S. Supreme Court recently held "that nothing in Title VII necessarily bars a claim of discrimination 'because of ... sex' merely because the" complainant and the alleged harasser "are of the same sex."

Note: "Hostile" includes offensive, aggressive, antagonistic, belligerent, and/or contentious behavior involving unlawful workplace harassment based on age, sex, race, color, national origin, religion, creed, or handicapping condition as defined by N.C.G.S. 168A-3. A hostile work environment is determined by looking at the following: 1) whether the environment is objectively offensive in the eyes of a reasonable person, 2) whether the environment is subjectively offensive in the eyes of the person who is the object of the alleged harassment, and 3) the nature of the alleged hostility.

Note: Examples of quid pro quo unlawful workplace harassment include:

A supervisor promises an employee a promotion if the employee acquiesces to sexual advances.
A supervisor begins each staff meeting with a prayer session conducted by a Christian minister. A Jewish employee refuses to participate in the prayer session and is terminated because of this refusal. [Such conduct also constitutes discrimination on the basis of religion.]

Definition phrase or word

Policy and Procedure Statements

Harassment based upon race, color, religion, creed, sex, national origin, age or disability is a form of discrimination in violation of federal and State law and Appalachian State University policy, and will not be tolerated. It is the internal policy of Appalachian State University to prohibit harassment on the basis of sexual orientation. Retaliation against any person opposing or complaining of harassment is in violation of federal and State law and Appalachian State University policy, and will not be tolerated.

The policy of Appalachian State University is that no University employee may engage in speech or conduct that constitutes harassment or retaliation as defined below. The University is committed to providing an atmosphere in which employees will be free from workplace harassment and retaliation.

PROCEDURES AND APPEALS

Any former employee, full-time or part-time employee with either a permanent, probationary, trainee, time-limited permanent or temporary appointment who feels that he/she has been harassed or subjected to retaliation in the workplace must do the following:

Submit a written complaint to Appalachian State University within 30 calendar days of the alleged harassing or retaliatory action. (Employees subject to State Personnel Act must adhere to filing a report of workplace harassment with their supervisor or the Equity Office within 30 calendar days of the alleged harassing action in order to fully protect their rights.)
The University must respond to a complainant about the findings of an investigation and any appropriate remedial action, if indicated, within 60 calendar days from receipt of a written complaint. Any complainant subject to the State Personnel Act, N.C.G.S. 126-1, et seq., who has alleged harassment based upon race, sex, creed, religion, national origin, age, color, or handicapping condition or who has alleged retaliation for complaining or protesting such harassment, may, if not satisfied with Appalachian State University's response, appeal directly to the Office of Administrative Hearings and the State Personnel Commission within 30 days of the University's response. Any complainant not subject to the State Personnel Act may, if not satisfied with the University's response, pursue such other administrative or judicial remedies (e.g., grievance, lawsuit) as may be available.

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 N.C.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.

Note: Complainants may file a simultaneous complaint under Title VII with the Equal Employment Opportunity Commission (EEOC).

Note: Former SPA Employees are not required to conform to the written complaint procedures directed in N.C.G.S. 126-34. Former employees who were subject to the State Personnel Act may appeal directly to the Office of Administrative Hearings and the State Personnel Commission.

Note: Applicants, while not covered under the State statute (SB 78) governing workplace harassment, are covered under other State and Federal Civil Rights Acts.

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

@@ Line 1: / Line 1: @@
-Policy 602.21
+Policy 603.23
 == Introduction ==
-Appalachian State University is committed to prohibiting behaviors that adversely impact a student’s ability to fully participate in their educational endeavors. University employees have a responsibility to avoid any actual or apparent conflict between their professional responsibilities and personal relationships with students. Similarly, supervising employees have a responsibility to avoid any apparent or actual conflict with student workers they supervise.
 == Scope ==
-:'''2.1''' This policy applies to all University Employees, as defined below.
 == Definitions  ==
+Consistent with State law and University policy, workplace harassment is defined as unwelcome or unsolicited speech or conduct based upon race, sex, sexual orientation, creed, religion, national origin, age, color, or handicapping condition as defined by N.C.G.S. § 168A-3, that creates a hostile work environment or circumstances involving quid pro quo.
-:'''3.1 Amorous Relationship''' - An Amorous Relationship exists when, without the benefit of marriage, two persons as consenting partners (a) have a sexual union or (b) engage in a romantic partnering or courtship that may or may not have been consummated sexually.
+A 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.
-:'''3.2	Related by Blood, Law, or Marriage'''
+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 to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
-:#Parent and child;
-:#Siblings (by blood or marriage);
-:#Grandparent and grandchild;
-:#Aunt and/or uncle and niece and/or nephew;
-:#First cousins;
-:#Stepparent and stepchild;
-:#Spouses;
-:#Parents-in-law and children-in-law;
-:#Brothers-in-law and sisters-in-law; or
-:#Guardian and ward.
-:'''3.3	Evaluate or Supervise''' - To assess, determine or influence (a) one's academic performance, progress or potential or (b) one's entitlement to or eligibility for any institutionally conferred right, benefit or opportunity, or; to oversee, manage or direct one's academic or other institutionally prescribed activities.
+Retaliation is adverse treatment against individuals who file a complaint about or otherwise oppose workplace harassment, or who provide information relative to a complaint, or who are involved in the complaint in any way.
-:'''3.4 Employee''' - Individuals employed by the University including, but not limited to, full or part time employees who are SHRA, EHRA-NF, Faculty and Postdoctoral fellows.
+Note: Sexual harassment does not include personal compliments welcomed by the recipient, or social interaction or relationships freely entered into by State employees or prospective employees.
-:'''3.5 Student Employee''' – Individuals who are employed by the University as part-time student employees.
+Note: Examples of sexual harassment, however, can include:
-:'''3.6 Student''' - Individual who has accepted an offer of admission to the University, is currently enrolled in coursework or has registered for coursework at the University, has a continuing relationship with the University, is auditing coursework, or is participating in an educational program sponsored by or affiliated with the University. In general, the continuing relationship ends upon conferral of a degree, termination of the relationship, or a break in enrollment of twelve (12) consecutive months after the last semester attended at the University.
+# A employee who repeatedly hugs and puts his or her arms around another employee or makes lewd and/or sexually suggestive statements that emphasize their sexuality.
+# A supervisor who labels and demeans an employee based on his or her sex.
-== Policy Statements ==
+Note: The U.S. Supreme Court recently held "that nothing in Title VII necessarily bars a claim of discrimination 'because of ... sex' merely because the" complainant and the alleged harasser "are of the same sex."
-:'''4.1 Improper Relationships'''
+Note: "Hostile" includes offensive, aggressive, antagonistic, belligerent, and/or contentious behavior involving unlawful workplace harassment based on age, sex, race, color, national origin, religion, creed, or handicapping condition as defined by N.C.G.S. 168A-3. A hostile work environment is determined by looking at the following: 1) whether the environment is objectively offensive in the eyes of a reasonable person, 2) whether the environment is subjectively offensive in the eyes of the person who is the object of the alleged harassment, and 3) the nature of the alleged hostility.
-::4.1.1. The University does not condone Amorous Relationships between Students and Employees due to the potential for conflicts of interest, impact on the quality of the student experience, significant risk of subsequent claims of sexual harassment, and abuse of power. The power differential inherent in the faculty-student or staff-student relationship means that any Amorous Relationship between a faculty or staff member and a student is potentially exploitative or could at any time be perceived as exploitative, which can harm affected Students and damage the integrity of the academic enterprise.
+Note: Examples of quid pro quo unlawful workplace harassment include:
-::4.1.2. The University’s response to Amorous Relationships is deemed necessary when (a) the Employee is responsible for evaluating or supervising the affected Student; or (b) when the Student is a minor, as defined by North Carolina law.
+# A supervisor promises an employee a promotion if the employee acquiesces to sexual advances.
+# A supervisor begins each staff meeting with a prayer session conducted by a Christian minister. A Jewish employee refuses to participate in the prayer session and is terminated because of this refusal. [Such conduct also constitutes discrimination on the basis of religion.]
-:'''4.2 Prohibited Conduct'''
+=== Definition phrase or word ===
-::4.2.1. A University Employee or Student Employee shall not evaluate or supervise any enrolled Student of the University with whom they have an Amorous Relationship or to whom they are related by blood, law, or marriage.
+== Policy and Procedure Statements  ==
+Harassment based upon race, color, religion, creed, sex, national origin, age or disability is a form of discrimination in violation of federal and State law and Appalachian State University policy, and will not be tolerated. It is the internal policy of Appalachian State University to prohibit harassment on the basis of sexual orientation. Retaliation against any person opposing or complaining of harassment is in violation of federal and State law and Appalachian State University policy, and will not be tolerated.
-::4.2.2	<u>Undergraduate Students</u>. Subject to the limited exceptions herein, all University Employees are prohibited from pursuing or engaging in an Amorous Relationship with any undergraduate Student. Student Employees who serve as Resident Assistants in the University’s residence halls are prohibited from pursuing or engaging in an Amorous Relationship with any undergraduate student who lives on their assigned floor in their residence hall.
+The policy of Appalachian State University is that no University employee may engage in speech or conduct that constitutes harassment or retaliation as defined below. The University is committed to providing an atmosphere in which employees will be free from workplace harassment and retaliation.
-::4.2.3	<u>Graduate Students</u>. All University Employees are prohibited from pursuing or engaging in an Amorous Relationship with a graduate Student (i.e., any Student enrolled at the University for post-baccalaureate education in any discipline or professional program) under that Employee’s authority. Situations of authority include, but are not limited to, teaching, formal mentoring or advising, supervision of research, employment of a Student as a research or teaching assistant, exercising substantial responsibility for grades, honors, or degrees, or involvement in disciplinary action related to the Student. Notwithstanding anything in this policy that may appear to be contrary, and for the avoidance of doubt, a graduate Student is not prohibited from engaging in an Amorous Relationship with another graduate Student unless one Student is in a situation of authority over another Student, as described above.
-::4.2.4	<u>Pre-Existing Amorous Relationship</u>. The University recognizes that an Amorous Relationship with a University employee may exist prior to the time that an undergraduate Student enrolls at the University (or may have existed and been terminated) prior to the undergraduate Student’s enrollment or, with regard to graduate Students, an Amorous Relationship with a University employee may exist (or have previously existed and been terminated) prior to the time the employee is placed in a position of authority over the graduate Student (each a “Pre-existing Amorous Relationship”). A Pre-existing Amorous Relationship must be disclosed to the Office of Access and Equity, which may alert other University offices (e.g., Human Resources, the Office of the Provost, etc.) as appropriate to address any actual or potential conflict of interest. This disclosure must be made by the Employee in a position of evaluation or authority immediately if the Student is an undergraduate, and prior to accepting a supervisory role of any type over any graduate Student. Unless effective steps have been taken in conjunction with Human Resources and/or the applicable dean or vice chancellor to eliminate any actual or potential conflict of interest in accordance with this policy, any University employee in a Pre-existing Amorous Relationship with a Student is prohibited from being in a position of evaluation or authority over that Student.
+PROCEDURES AND APPEALS
-::4.2.5	Notwithstanding anything in this policy that may appear to be contrary, and for the avoidance of doubt, a University Employee shall not engage in sexual activity with any Student enrolled at the University, other than their spouse, who is a minor below the age of eighteen (18) years.
+Any former employee, full-time or part-time employee with either a permanent, probationary, trainee, time-limited permanent or temporary appointment who feels that he/she has been harassed or subjected to retaliation in the workplace must do the following:
-::4.2.6	Absent an extraordinary circumstance, no relationships in violation of this policy will be permitted while the Student is enrolled, or the faculty or staff member is employed by the University.
+# Submit a written complaint to Appalachian State University within 30 calendar days of the alleged harassing or retaliatory action. (Employees subject to State Personnel Act must adhere to filing a report of workplace harassment with their supervisor or the Equity Office within 30 calendar days of the alleged harassing action in order to fully protect their rights.)
+# The University must respond to a complainant about the findings of an investigation and any appropriate remedial action, if indicated, within 60 calendar days from receipt of a written complaint. Any complainant subject to the State Personnel Act, N.C.G.S. 126-1, et seq., who has alleged harassment based upon race, sex, creed, religion, national origin, age, color, or handicapping condition or who has alleged retaliation for complaining or protesting such harassment, may, if not satisfied with Appalachian State University's response, appeal directly to the Office of Administrative Hearings and the State Personnel Commission within 30 days of the University's response. Any complainant not subject to the State Personnel Act may, if not satisfied with the University's response, pursue such other administrative or judicial remedies (e.g., grievance, lawsuit) as may be available.
-:'''4.3 Corrective Action'''
+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 N.C.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.
-::4.3.1. Violations of the provisions of Section 4.2 shall be addressed in accordance with existing institutional policies and procedures prescribed for addressing misconduct by members of the class of employment of which the affected Employee is a member.
+Note: Complainants may file a simultaneous complaint under Title VII with the Equal Employment Opportunity Commission (EEOC).
+Note: Former SPA Employees are not required to conform to the written complaint procedures directed in N.C.G.S. 126-34. Former employees who were subject to the State Personnel Act may appeal directly to the Office of Administrative Hearings and the State Personnel Commission.
+Note: Applicants, while not covered under the State statute (SB 78) governing workplace harassment, are covered under other State and Federal Civil Rights Acts.
+A prompt and impartial investigation will be made of all cases alleging workplace harassment or retaliation based on presented facts surrounding the alleged misconduct. Any interference, coercion, restraint or reprisal directed against any person complaining of or opposing workplace harassment is prohibited.
+=== Example policy 1 ===
+=== Example policy 2 ===
 == Additional References ==
-:N.C. Gen. Stat. § 14-27.32
 == Authority ==
-:''The UNC Policy Manual'', 300.4.1
 == Contact Information ==
-== Original Effective Date ==
+== Effective Date ==
 == Revision Dates ==
-[[Category:Contents]]
-[[Category:Human Resources]]
-[[Category:Terms and Conditions of Employment]]