Unlawful Workplace Harassment Policy

The University of North Carolina at Chapel Hill recognizes the rights of all members of the University community to learn and work in an environment free from unlawful harassment and/or retaliation based upon age, sex, color, national origin, religion, creed, or handicapping condition as defined by state statute. Any unlawful harassment against employees is prohibited.

Unlawful workplace harassment is unwelcome or unsolicited speech or conduct based upon age, sex, race, color, creed, religion, national origin, or handicapping condition.

A copy of this policy will be distributed to all new SPA employees at their staff orientation. In addition, a copy of this policy is available to all SPA employees on the Office of Human Resources website.

An SPA employee who feels that he or she has been the victim of unlawful harassment should bring the matter to the attention of a University administrator at any time. For a formal resolution, the employee must file a signed, written complaint with the University within 30 calendar days of the last action, and/or may file a complaint with the EEOC within 180 calendar days of the last action if he or she has a complaint under Title VII of the Civil Rights Act.

In allegations of unlawful workplace harassment, the University will review the totality of the circumstances to determine whether the alleged conduct constituted unlawful workplace harassment.

The University's procedure for handling complaints of unlawful harassment of an SPA employee can be found in the Dispute Resolution and Staff Grievance Procedure Policy.  The University also has additional mechanisms available for addressing sexual and racial harassment complaints through its Sexual Harassment Policy and Procedures and Racial Harassment Policy and Procedures. The employee has the right to bypass any step in the applicable University procedure involving review of or decisions by the alleged harasser.

The University is committed to offering group training and individual counseling sessions with all employees regarding what is and is not harassment, means of preventing unlawful behavior, and appropriate resources on campus for information and assistance.

Disciplinary actions shall be consistently and fairly applied, and any disciplinary action taken should be corrective rather than punitive. However, in determining whether alleged conduct constitutes unlawful harassment and what, if any, appropriate remedial action should be taken, the University reviewer must consider the record as a whole, as well as the totality of the circumstances, such as the nature of the alleged conduct and the context in which it occurred.

Retaliation is adverse treatment which occurs because of opposition to unlawful workplace harassment. Any act by a University employee or agent of reprisal, interference, restraint, penalty, discrimination, coercion or harassment -- overtly or covertly -- or any other adverse treatment against an SPA employee for responsibly using the Unlawful Workplace Harassment Policy and its Procedures provided no other workplace rule is violated interferes with free expression and openness. Such acts violate this Policy and are grounds for prompt and appropriate disciplinary action. See also Section B.5. of the Dispute Resolution and Staff Grievance Procedure.