Sexual Harassment FAQs

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SEXUAL HARASSMENT FAQs

Information on Harassment 1. 2. 3. 4. 5. 6. 7.

What are some examples of sexual harassment? What should I do if I feel I have been sexually harassed? What should I do if I feel I have been discriminated against or harassed, but I don’t think it is sexual harassment? I’m being harassed by someone who is not an employee, but who comes on campus to conduct business. Is there anything I can do? What if I am sexually harassed by a co-worker or a student but we are off-campus? What should I do if I am sexually assaulted? What if I witness inappropriate conduct, but it is not directed at me?

University Policy and Staff Responsibility Regarding Harassment 8. 9. 10. 11. 12.

What is the University’s policy regarding romantic relationships among students, faculty, and/or staff? Are there any rules about looking at pornography on the computer? What is the role of the Affirmative Action Officer? What is the role of the Human Resources Department? Does faculty or supervisors have any special responsibilities under the sexual harassment policy?

Harassment Complaints and Investigations 13. 14. 15. 16. 17. 18.

Will my complaint be treated confidentially? Who is typically involved in an investigation? May I have a support person with me during the investigation process? What are possible outcomes from a sexual harassment investigation? What if I am retaliated against for complaining about harassment or participating in an investigation? How does the University handle false allegations of sexual harassment?

Contacts 19. How can I get training for employees in my area on the prevention of sexual harassment? 20. Where can I obtain additional information? 21. Who Can Help?

1.

What are some examples of sexual harassment? Sexual harassment is a form of illegal sex discrimination. Staff, faculty and students are protected from harassment by any other staff, faculty, student, contractor, or visitors on campus. Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to, the following:

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Offering or implying an employment-related reward (such as a promotion, raise, or different work assignment) or an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct; Making threats or insinuations that a person's employment, wages, grade, promotional opportunities, classroom or work assignments or other conditions of employment or educational life may be adversely affected by not submitting to sexual advances; Engaging in unwelcome sexual propositions, invitations, solicitations, and flirtation; Leering, staring at someone, or looking at someone with “elevator eyes” (i.e. looking someone up and down); Using unwelcome sexually degrading language, sexual jokes, innuendos, or gestures; Displaying sexually suggestive objects, pictures, videotapes, graffiti and/or visuals that are not germane to any business or academic purpose; Displaying or transmitting sexually suggestive electronic content, including inappropriate e-mails, text messages, or social medial postings; Stalking or cyberbullying; Making unnecessary and unwanted physical contact, such as hugging, rubbing, touching, patting, pinching, or massages; Engaging in sexual violence, including rape, sexual assault, sexual battery, or sexual coercion; Making unwelcome suggestive or insulting sounds, such as whistling and cat calls; Giving unwelcome personal gifts, such as flowers; Asking about a person’s sexual fantasies, sexual preferences, or sexual activities; Commenting on a person’s body, dress, appearance, gender, sexual relationships, activities, or experience; or Repeatedly asking someone for a date after the person has expressed disinterest.

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What should I do if I feel I have been sexually harassed? Please let someone know right away. Unfortunately, ignoring sexual harassment does not make it go away. You have several options available if you are a member of the UNC Charlotte community and feel that you have been sexually harassed. You may contact Human Resources, the Dean of Students Office, or any other individual listed under “Who Can Help?” You can also discuss the situation and explore your options on a confidential basis by contacting the Counseling Center or the University Employee Assistance Program. In some situations, individuals who are experiencing unwelcome behavior feel comfortable approaching the individual who is causing the problem and letting him or her know that the conduct is inappropriate and must stop. Sometimes, individuals are not aware that their behavior is offensive, and quickly apologize and change their behavior once they are aware that their conduct is unwelcome. However, you are not required or expected to confront your harasser prior to reporting a harassment-related concern. Back to top

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What should I do if I feel I have been discriminated against or harassed, but I don’t think it is sexual harassment? UNC Charlotte’s Unlawful Workplace Harassment policy prohibits discrimination or harassment on the basis of race/color, religion, national origin, sex/gender, sexual orientation, age, disability, veteran status, or genetic information. The University also prohibits the use of “fighting words” by a student, faculty member, or staff member to harass any person or persons on the University campus or other property under University control – University Policy 503, Fighting Words Harassment in the University. If you believe that you have been discriminated against or harassed on the basis of any of these protected categories, please contact the Affirmative Action Officer or Human Resources. You may also bring your concerns to your supervisor, Page 2 of 7

another member of management, or any other individual listed under “Who Can Help?” It is important that you seek assistance immediately; individuals in each of these offices are able to assist you in addressing the situation. Back to top 4.

I’m being harassed by someone who is not a UNC Charlotte employee, but who comes on UNC Charlotte’s campus to conduct business. Is there anything I can do? UNC Charlotte’s Sexual Harassment Policy protects you from sexual harassment by vendors, contractors, and third parties you encounter in your University employment, living, and learning environment. If you believe that you have been subjected to conduct that violates the policy, please contact Human Resources or any of the individuals listed under “Who Can Help?” as soon as possible. Back to top

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What if I am sexually harassed by a co-worker or a student but we are off-campus? It is possible for off-campus conduct between UNC Charlotte colleagues and/or students to contribute to a hostile working or academic environment, or to constitute quid pro quo sexual harassment in violation of UNC Charlotte’s policy. Please seek help from one of the individuals listed under “Who Can Help?” if you believe you are sexually harassed either off-campus or on-campus. Back to top

6.

What should I do if I am sexually assaulted? Don’t blame yourself—sexual assault is never the victim’s fault. If you believe you are the victim of a criminal assault, call UNC Charlotte Police and Public Safety at 704-687-2200 (911 if emergency) immediately. You may also wish to contact the Mecklenburg County Rape Crisis Hotline at 704-375-9900. If you are an employee you should contact the Human Resources Representative or the Employee Assistance Program listed under “Who Can Help?”. If you are a student please go to the Counseling Center or call 704-687-0311 as soon as possible for information on options and resources available to you. You may wish to call the Student Health Center, Office of Women’s Programs at 704-687-0341, UNC HealthLink at 1-888-267-3675 or 704-687-7400 (after hours). If you would like to report a sexual assault to the appropriate University Official please contact the Title IX Deputy Coordinator or the Title IX Coordinator, listed under “Who Can Help?”. Students are advised to review the Interim Regulations on Student Sexual Misconduct Complaints for information relating to such complaints. Back to top

7.

What if I witness inappropriate conduct, but it is not directed at me? Anyone who witnesses inappropriate comments or conduct, even if it is directed at someone else, can still feel uncomfortable and harassed. If you witness conduct that you believe might be sexual harassment, please contact one of the individuals listed in “Who Can Help?. If you are a faculty member or a supervisor, you are obligated to contact the proper University official to be advised on how to address conduct that you have witnessed or has been reported to you which may violate the University's harassment policies. If the conduct is student related, you can use the Maxient Incident Reporting Form to report the incident. Reports are viewed daily. Back to top Page 3 of 7

8.

What is the University’s policy regarding romantic relationships among students, faculty, and/or staff? Guidelines on such relationships can be found in the University Policy 101.3, Relationships between Students and Faculty Members or Other University Employees. In the policy it states that it is improper and professionally unethical for a faculty member, instructional assistant, or other University employee to participate in the instruction, evaluation, or supervision of a student with who there is an amorous relationship or familial relationship. For additional information, please contact Human Resources, the Dean of Students Office, or one of the individuals listed under “Who Can Help?”. Back to top

9.

Are there any rules about looking at pornography on the computer? University Policy 304, Electronic Communication Systems states that no use is permitted that conflicts with the requirements of civil or criminal law, including but not limited to laws relating to pornography, defamation, and illegal discrimination. University Policy 307, Responsible Use of University Computing and Electronic Communication Resources states that each user must respect the privacy and personal rights of others by ensuring that use of University computing and electronic communication resources does not constitute invasion of privacy, harassment, defamation, threats, intimidation, unwarranted annoyance or embarrassment, or discrimination based on race, sex, national origin, disability, age, religion, or sexual orientation. These policies in turn prohibit the use of University electronic resources (including computers, networks, servers, phones, etc.) for threats and harassment, including sexual harassment. Viewing or sending pornographic material may also violate the sexual harassment policy. Use by anyone of University electronic resources for purposes of child pornography is illegal. Back to top

10. What is the role of the Affirmative Action Officer? The Affirmative Action Officer is charged with publishing and distributing the University’s sexual harassment policy and related procedures; educating members of the UNC Charlotte community about sexual harassment and the University’s policies; investigating complaints of violations of the University’s harassment policies, and working with other relevant offices to resolve harassment complaints. Back to top 11. What is the role of the Human Resources Department? The Human Resources department has qualified representatives who have received special training on the University’s policies and procedures regarding discrimination and harassment. These representatives are available to answer questions about the University’s policies and procedures, respond to complaints, and assist you in identifying other resources available to aid in your situation. The Affirmative Action Officer may assign a qualified Human Resource representative to investigate complaints of sexual harassment and make recommendations on how complaints should be resolved. Back to top 12. Do faculty or supervisors have any special responsibilities under the sexual harassment policy? Individuals with supervisory or teaching duties are obligated under UNC Charlotte’s harassment policies to report complaints of sexual harassment to their supervisor and/or the Human Resources Department. Such individuals may seek assistance from one of the individuals listed under “Who Can Help?” if they witness or are told about conduct that may violate the University’s harassment policies. Such individuals are also required to Page 4 of 7

report complaints and model appropriate behavior. Supervisors are required to ensure staff, students and others within their work units are appropriately trained on the university’s sexual harassment policies. Back to top 13. Will my complaint be treated confidentially? UNC Charlotte makes every reasonable effort to handle inquiries, complaints and related proceedings in a manner that protects the privacy of all parties. Each situation is resolved as discreetly as possible, with information shared only with those who need to know in order to investigate and resolve the matter. In certain circumstances, the University may be able to address your concerns and stop the behavior without revealing your identity to the alleged harasser. However, this is not possible in every matter, as some situations require the disclosure of the complainant’s identity in order to fully investigate the matter and/or to enable the accused harasser the ability to fully respond to the allegations against him or her. During the investigation, the investigators will be sensitive to the feelings and situation being raised by the individual who has reported an incident of sexual harassment. Nonetheless, the University has a compelling interest to address all allegations of sexual harassment brought to its attention. UNC Charlotte reserves the right to take appropriate action in such circumstances, even in cases when the complainant is reluctant to proceed. Licensed counselors are available to discuss harassment issues with you on a confidential basis through the Counseling Center (students) or the Employee Assistance Program (employees). After consulting with a counselor, you may decide to take no further action; such a decision is completely within your discretion. Because of the confidential nature of the counselor/counselee relationship, seeking advice from a counselor does not constitute reporting an incident of harassment. Back to top 14. Who is typically involved in an investigation? Investigations involving allegations of sexual harassment by one student against another student are generally handled through the Dean of Students Office. All other investigations of sexual harassment are coordinated by the Affirmative Action Officer, working in conjunction with qualified Human Resources representatives. In keeping with the goal of maintaining as confidential a process as possible, investigations involve only those individuals and offices that need to be involved in order to investigate and respond to the issue. Back to top 15. May I have a support person with me during the investigation process? During the course of the investigation process, both the complainant (the individual who made the complaint of harassment) and the respondent (the accused harasser) may have a friend or colleague present with them during the investigatory interview to support them during the process, so long as the individual does not interfere with the investigator’s ability to conduct the investigation. The support person cannot be a potential witness in the matter or a lawyer representing the complainant. In cases involving multiple complainants or respondents, the support person cannot be another respondent or complainant. The support person does not serve as an advocate on behalf of the complainant or respondent, and he or she must agree to maintain the confidentiality of the process. Witnesses to harassing conduct and others involved in an investigation are not entitled to have a support person present at investigatory interviews. Back to top

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16. What are possible outcomes from a sexual harassment investigation? At the conclusion of the investigation, the investigator will provide her or his conclusions and recommended actions to the appropriate management officials for resolution. The appropriate office will review the conclusions and then, in consultation with the Affirmative Action Officer, make a decision concerning the resolution of the complaint and any corrective actions that will be imposed. The complainant and the respondent will have the opportunity to read the investigative report which will be preserved in a confidential file in the Human Resources Office and/or Dean of Students Office. The University’s response is based upon the seriousness of the conduct. In some circumstances, an investigation may result in a written or verbal apology from the harasser, harassment education for the affected college or department, and other measures designed to prevent complaints from recurring. In addition, the University may recommend steps to address the effects of the conduct on the complainant and others, including support resources, academic and housing assistance, change in work situation, leave of absence, training, or other services. When appropriate, violators of the policy will be subject to disciplinary action, up to and including termination of employment or separation from the University, expulsion as a student, or, for nonemployees or non-students, removal from campus property. Disciplinary action will be in accordance with relevant policies and/or procedures and other requirements stated in the Staff Handbook, Faculty Handbook, or Student Handbook. Back to top 17. What if I am retaliated against for complaining about harassment or participating in an investigation? The University’s Sexual Harassment Policy expressly and strictly forbids retaliation against anyone for inquiring about a suspected harassment situation, making a good-faith harassment complaint, or participating in a harassment investigation. Retaliation is a serious violation that can subject the offender to appropriate and prompt disciplinary action independent of the merits of the sexual harassment allegation. Anyone experiencing any conduct that he or she believes to be retaliatory should immediately report it to one of the individuals listed under “Who Can Help?”. Back to top 18. How does the University handle false allegations of sexual harassment? A false allegation occurs when someone intentionally reports information or incidents that they know to be untrue. Failure to prove a claim of harassment is not equivalent to a false allegation. Disciplinary action may be imposed on individuals who knowingly or with reckless disregard for the truth make false allegations of sexual harassment. Back to top 19. How can I get training for employees in my area on the prevention of sexual harassment? Staff in the Human Resources Department is available to conduct departmental training sessions for faculty, staff and students. In addition, on-line training is available through Skillport. Back to top 20. Where can I obtain additional information? For more information, please contact Human Resources or any of the individuals listed under “Who Can Help?” Below are various places where sexual harassment policy is addressed:

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University Policy 502, Sexual Harassment Policy and Grievance Procedures University Policy 406, The Code of Student Responsibility Interim Regulations on Student Sexual Misconduct Complaints Sexual Harassment Prevention – Police & Public Safety Faculty Handbook - Sexual Harassment Sexual Harassment – Employee Relations Need Help Now? – Counseling Center Back to top 21. Who Can Help? You do not have to handle harassment on your own! If you think that you or another person may be a victim of sexual harassment the following campus offices can help you evaluate your options. HUMAN RESOURCES Title IX Coordinator Jeanne Madorin 202A King (704) 687-0659 http://hr.uncc.edu/staff/jeanne-l-madorin-sphr

DEAN OF STUDENTS OFFICE Title IX Deputy Coordinator Michele Howard 217 King (704) 687-0343 http://dso.uncc.edu/staff/howard.html

http://unccdso.orgsync.com/meet_the_staff HUMAN RESOURCES Affirmative Action Officer Gary Stinnett 222 King (704) 687-0644 http://hr.uncc.edu/staff/gary-w-stinnett

DEAN OF STUDENTS OFFICE OFFICE OF WOMEN’S PROGRAMS Princess King 217 King (704) 687-0357 http://dso.uncc.edu/staff/Acker.html http://unccdso.orgsync.com/org/womensprograms

EMPLOYEE ASSISTANCE PROGRAM (EAP) ComPsych GuidanceResources® 1-877-603-8259 www.guidanceresources.com http://hr.uncc.edu/employee-relations/employeeassistance-program/employee-assistance-program

THE COUNSELING CENTER 158 Atkins (704) 687-0311 http://counselingcenter.uncc.edu/ http://counselingcenter.uncc.edu/home/need-helpnow

DEPARTMENT OF POLICE AND PUBLIC SAFETY 9151 Cameron Blvd. (704) 687-8300 http://police.uncc.edu/

STUDENT HEALTH CENTER Jennifer Cook (704) 687-7348 http://studenthealth.uncc.edu/jennifer-cook-medncc

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