Harassment

Administrative responsibility for implementing the harassment policy rests with the Office for Institutional Equity (OIE). Individuals who wish to file a complaint of harassment or have questions about the harassment policy should contact the Office for Institutional Equity at 684-8222 or visit the OIE Web site at http://www.duke.edu/web/equity/.

Introduction

Harassment of any individual for any reason is not acceptable at Duke University. Harassment may arise in situations unique to a given interpersonal relationship or in actions rooted in an attitude toward a group. Sexual harassment is perhaps the most commonly understood form of harassment, but it is important to note that harassment on any demographic basis—including age, color, disability, ethnic or national origin, gender, race, religion, class, institutional status, or sexual orientation or gender identity—also occurs and is expressly forbidden. Abuse of the relationship between teacher and student, or provider and patient, is of particular concern because of the educational and health care missions of Duke University. In all cases, harassment undermines the university’s commitments to excellence and to respect for the dignity and worth of all individuals.

This policy against harassment is consistent with the university’s valuation of academic freedom. Duke University is committed to the free and vigorous discussion of ideas and issues, which the university believes will be protected by this policy. This harassment policy shall be applied in a manner that protects the academic freedom of all parties to a complaint. Academic freedom and the related freedom of expression include, but are not limited to, the civil expressions of ideas, however controversial, in the classroom, residence halls, and other teaching and student living environments.

In addition to this harassment policy and procedures, Duke University and Duke University Health System also provide educational programs to raise the level of understanding about the nature of harassment and ways to prevent its occurrence. The full text of the harassment policy and information about these programs may be found on the Web site of the Office for Institutional Equity: http://www.duke.edu/web/equity/.

Scope

Duke Staff, Faculty, Students. This harassment policy applies to all persons who are enrolled at or employed by Duke University and Duke University Health System, including their entities and subsidiary organizations, while they are on university property or are participating in a university-related activity off campus. All aspects of the harassment procedures described below apply to situations in which both complainant and respondent are enrolled or employed at Duke University or its subsidiaries, except in those cases in which the respondent is a Duke undergraduate. Claims of harassment against Duke undergraduate students are handled by the Office of Student Condyct in the Dean of Students Office. That office can be reached by telephone at 684-6938 and its Web site address is http://conduct.studentaffairs.duke.edu. Claims by or against a member of the Office for Institutional Equity will be handled by the Office of the President or his or her designate.

All Others. Situations that involve other individuals (e.g., visitors, patients, graduates of Duke University, applicants for admission or employment, or former employees) who believe they have been harassed by someone either employed by or enrolled at Duke University or Duke University Health System, either on campus or in a university-related activity, may be addressed only through the informal process for handling an allegation. Situations in which Duke University or Duke University Health System employees or students believe they have been harassed by visitors to the university or contractors or
vendors serving the university will be resolved through the informal process for handling an allegation.

Individuals who have questions about the harassment policy or who wish to file a complaint of harassment should contact the Office for Institutional Equity at 684-8222 or visit the OIE Web site: http://www.duke.edu/web/equity/.

Definitions

Harassment may take two forms:

The first form of harassment is verbal or physical conduct—which may or may not be sexual in nature—that, because of its severity and/or persistence, interferes significantly with an individual’s work or education, or adversely affects an individual’s living conditions.

The second form of harassment occurs if a person uses a position of authority to engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

• submission to such conduct is explicitly or implicitly made a term or condition of an individual’s employment or education; or
• submission to or rejection of such conduct is used as a basis for decisions affecting an individual’s education or employment.

The conduct alleged to constitute harassment under this policy shall be evaluated from the perspective of a reasonable person similarly situated to the complainant and in consideration of the context of the behavior.

Harassment must be distinguished from behavior that, even though unpleasant or disconcerting, is appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities.

Complainant refers to the person making an allegation or complaint of harassment.

Respondent refers to the person against whom the allegation or complaint of harassment is made.

An allegation is a statement by a complainant that he or she believes an act of harassment has occurred. An allegation is handled through the informal resolution process.

A complaint is a formal notification, either orally or in writing, of the belief that harassment has occurred. A complaint is handled through either the informal or formal process for resolving claims of harassment.

Retaliation

Against the Complainant. It is a violation of Duke’s harassment policy to retaliate against a complainant for making a claim of harassment. If warranted, the appropriate senior administrator may monitor performance review, promotion, reappointment, grading, or other evaluation—or, to the extent possible, may reassign the supervisory relationship—to ensure that retaliation does not occur.

Against the Respondent. A claim of harassment is not proof of prohibited conduct. A claim shall not be taken into account during performance review, promotion, reappointment, or other evaluation unless a final determination has been made that the university’s harassment policy has been violated. If necessary and appropriate, such decisions shall be deferred until the claim is resolved.

Against a Witness or Participant in the Investigation. It is also a violation of the harassment policy to retaliate against individuals providing information related to a complaint.

Claim of Retaliation. A claim of retaliation by a complainant, respondent or witness may be pursued using the steps followed for an allegation or complaint of harassment.

False or Malicious Complaints

Knowingly filing a false or malicious complaint of harassment or of retaliation is a
violation of the harassment policy. Such conduct may be pursued using the steps followed
for a complaint of harassment.

Evaluation and Resolution of Claims of Harassment

Responsibility for implementing the Duke University and Duke University Health System policy and procedures regarding harassment rests with the Office for Institutional Equity (OIE). Procedures for addressing allegations and complaints of harassment may be viewed at the OIE Web site address: http://www.duke.edu/web/equity. You may also request a full-text copy of the harassment policy, which includes the procedures, by contacting OIE at 684-8222.

Other university and health system personnel are also available to provide consultation and assistance. For example, Staff and Labor Relations representatives within Human Resources are trained to assist either with the handling of allegations or the filing of complaints. Supervisors of employees, and senior academic administrators who work with faculty and students, can also provide guidance about responding to situations that may constitute harassment. Harassment Prevention Advisors trained by OIE are available to assist students with harassment concerns. The names of HP Advisors are available on the OIE Web site (http://www.duke.edu/web/equity).

Some forms of harassment may violate federal and state laws, and a complainant or respondent may choose to invoke external processes to resolve his or her concerns instead of or in addition to pursuing the procedures set forth herein. Any internal process proceeds without regard to an external process unless university counsel instructs otherwise.

Procedures for Resolution of Claims of Harassment Between/Among Undergraduate Students. The Office of Student Conduct in the Dean of Students Office has the authority to adjudicate, through the undergraduate judicial system, all claims of harassment where respondent/accused is a Trinity College or Pratt School of Engineering undergraduate student. For these cases, mediation may be attempted with agreement of the parties, but it is neither mandatory nor a right of the complainant or respondent. Students who have concerns about possible harassment may discuss the situation with a harassment
prevention advisor, Duke Police, or the Dean of Students Office.

Students with such complaints, individuals charged with harassment, and individuals with knowledge of situations in which harassment may exist may seek assistance through a harassment prevention advisor or through the Office for Institutional Equity.

Procedures for Resolution of Harassment Concerns Involving a Teaching Assistant, Graduate Student, Faculty Member or Nonfaculty Employee. Harassment complaints that involve both undergraduate students and either graduate students, faculty members or employees are addressed, as necessary, through the intervention of OIE or the official responsible for the respondent’s supervision. Such situations are of particular concern because the possible inherent power differential between the parties increases the potential for coerciveness.