Employee Relations

1
Employee Relations

• Mission Statement
• Equal Opportunity Statement
• Discrimination/Harassment Policy

2
Mission Statement

• The Office of Employee Relations provides a vast
  array of services to faculty, staff and students
  alike. These services include the administration
  of programs, assistance in the development of
  University policies and procedures, and the
  monitoring of university practices. The focal
  point of the University of Northern Colorado
  Equal Opportunity Program is to ensure equitable
  treatment to all students and employees. The
  Employee Relations also serves as a trustee for
  promoting an equitable work environment. The
  Employee Relations Offices receives, reviews and
  investigates all formal charges of unfair
  treatment, provides educational programming and
  monitors university hiring.

3
Equal Opportunity Statement

• The University of Northern Colorado is an equal
  opportunity/affirmative action employer and
  complies with all federal and Colorado laws,
  regulations, and executive orders regarding
  affirmative action requirements in all program.
  The Office of Employee Relations is located in
  Human Resources, Carter Hall, Room 2002. To
  assist the University of Northern Colorado in
  meeting its affirmative action responsibilities,
  ethnic minorities, women and other protected
  class members are encouraged to apply and to so
  identify themselves.

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Discrimination andSexual Harassment Policy

• I. Policy Statement
• The University of Northern Colorado (UNC or
  University) complies with all applicable state
  and federal laws, rules, regulations and
  executive orders regarding affirmative action,
  equal opportunity and civil rights. It is the
  policy of the Board of Trustees of the University
  to maintain the University as a place of work,
  study, and residence, free of discrimination,
  sexual harassment and exploitation of its
  students, faculty, staff, and administrators.
  Discrimination in violation of this Policy is
  absolutely prohibited on the campus or in
  relationship to any University programs wherever
  located. Sexual harassment is considered a form
  of discrimination for the purposes of this
  Policy. The University is committed to take
  appropriate action against those who violate the
  Universitys policy prohibiting discrimination
  and sexual harassment, including corrective and
  disciplinary action. In addition, the University
  will take all reasonable steps to prevent or
  eliminate discrimination and sexual harassment by
  non-employees including customers, clients, and
  suppliers who are likely to have contact with our
  student, faculty or employees.

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Discrimination andSexual Harassment Policy
(continued)

• It is the purpose of this Policy and the
  Discrimination Grievance Procedures adopted
  pursuant to this Policy to encourage the
  development of tools for the elimination of
  discrimination and sexual harassment through
  education, information and discussion, and to
  provide a means for redressing injuries to those
  subjected to acts of discrimination, sexual
  harassment and/or discriminatory policies and/or
  practices of the University. Both informal and
  formal routes for investigation and resolution of
  complaints of discrimination or sexual harassment
  shall exist.
• Reprisal or retaliation of any kind against an
  individual who in good faith complains of
  discrimination or sexual harassment, or who
  participates in any procedure to address a
  complaint regarding discrimination or sexual
  harassment, is prohibited. The University is
  committed to protecting victims of discrimination
  or harassment from retaliation and any University
  employee, official or student who is in violation
  of this non-retaliation policy will be subject to
  discipline.
• Other provisions of the Policy and the
  procedures implementing this Policy
  notwithstanding, the definitions of
  discrimination and sexual harassment shall not
  include conduct, discourse, materials or
  methodologies which serve legitimate educational
  purposes and are protected by the accepted tenets
  of academic freedom, the First Amendment, or are
  otherwise constitutionally protected.

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Discrimination andSexual Harassment Policy
(continued)

• II. Definitions and Clarifications
• Prohibited Conduct
• 1. Discrimination
• a) It is a violation of this Policy to
  discriminate in the provision of educational or
  employment opportunities, benefits or privileges
  to create discriminatory work or academic
  conditions or to use discriminatory evaluative
  standards in employment or educational settings
  if the basis of that discriminatory treatment is,
  in whole or part, the persons race, religion,
  gender, age, national origin, disability, sexual
  orientation, military service, or political
  affiliation.
• b) Discrimination of this kind may also be
  strictly prohibited by a variety of federal,
  state, and local laws, including the Colorado
  Anti-Discrimination Act of 1957, as amended
  C.R.S. 24-34-101 et.seq. (1973) the Age
  Discrimination of Employment Act of 1967, 29
  U.S.C. 621-34 title VI of the Civil Rights Act
  of 1964 as amended, 42 U.S.C. 2000(d) Title
  VII of the Civil Rights Act 1964 as amended, 42
  U.S.C. 1681 Executive Order 11246 as amended
  the Rehabilitation Act of 1973, 29 U.S.C. 701
  Title IX of the Educational Amendments of 1972,
  20 U.S.C. 1681, et.seq. 492 if the Vietnam
  Era Veterans Readjustment Assistance Act of 1973
  and/or the Americans with Disabilities Act of
  19990. This Policy is intended to comply with the
  requirements of these anti-discrimination laws.

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Discrimination andSexual Harassment Policy
(continued)

• 2. Sexual Harassment
• The Policy prohibits sexual harassment by any
  faculty, student, staff, invitee or agent of the
  University (University Community). In addition
  to disciplinary action under this policy, a
  person found in violation may also suffer
  criminal and/or civil penalties in a court of
  law.
• The University adheres to the Equal Employment
  Opportunity Commissions definition of sexual
  harassment as modified for the University
  setting. Unwelcome sexual advances, requests for
  sexual favors, and other verbal or physical
  conduct of a sexual nature constitute sexual
  harassment when
• Submission to such conduct is made either
  explicitly or implicitly a term or condition of
  an individuals employment, living conditions
  and/or a academic evaluation
• Submission to or rejection of such conduct by an
  individual is used as the basis for employment or
  academic decisions affecting such individual or
• Such conduct has the purpose or effect of
  unreasonably interfering with an individuals
  work or academic performance or creating an
  intimidating, hostile, or offensive working or
  educational environment.

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Discrimination andSexual Harassment Policy
(continued)

• B. Prohibition of Retaliation
• This Policy seeks to encourage students, staff,
  and faculty to express freely, responsibly and in
  an orderly manner, their concerns about all
  instances of discrimination or sexual harassment.
  Any act of reprisal, e.g., interference,
  restraint, penalty, discrimination, coercion,
  harassmentovert or covert violates this Policy
  and will result in prompt and appropriate
  disciplinary action.
• C. Prohibition of Frivolous or Malicious Charges
• Accusations of discrimination or sexual
  harassment are of utmost seriousness and should
  never be made casually and without cause. This
  Policy shall not be used to bring frivolous or
  malicious charges. Disciplinary action shall be
  taken under the appropriate University policy
  against any person bringing a charge of
  discrimination or sexual harassment in bad faith.

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Discrimination andSexual Harassment Policy
(continued)

• D. Amorous Relationships
• Members of the University community, whether
  faculty members, students, supervisors, or
  supervisees put academic and professional trust
  and ethics at risk when they engage in an amorous
  romantic/sexual relationship with persons who
  they have a direct evaluative relationship.
  Because these relationships may give rise to the
  perception on the part of others that there is
  favoritism or bias in academic or employment
  decisions, such relationships are discouraged by
  the University. The atmosphere created by such
  appearances of bias or favoritism has the
  potential to undermine the spirit of trust and
  mutual respect essential to a healthy work and
  academic environment. Even when the parties have
  initially consented to such relationships, they
  can render the parties and the institution
  vulnerable to possible later allegations of
  sexual harassment in light of the power
  differential that may exist. All members of the
  University Community are expected to be aware of
  their professional responsibilities and avoid
  apparent or actual conflict of interest,
  favoritism, or bias. When an amorous
  romantic/sexual relationship exists, effective
  steps should be taken to ensure unbiased
  evaluation or supervision of the student or
  employee.

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Discrimination andSexual Harassment Policy
(continued)

• E. Encouragement to Seek Information
• a) Students, staff and faculty who desire
  information, have questions about procedures or
  believe that they may have been discriminated
  against or sexually harassed are encouraged to
  contact the AA/EEO.
• b) The person inquiring shall be given
  information on discrimination and sexual
  harassment generally, on campus policy and
  procedures specifically, and on the availability
  for recourse to external agencies.

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Discrimination andSexual Harassment Policy
(continued)

• III. Procedures
• A. Role and Function of Employee Relations
  Director
• 1) The AA/EEO has the primary responsibility of
  implementing the Discrimination and Sexual
  Harassment Policy. (Policy)
• 2) The AA/EEO is authorized to investigate all
  complaints of
• sexual harassment and discrimination frivolous
  or malicious charges, and any retaliatory acts
  arising there from within the University
  community.
• 3) The AA/EEO will maintain records of
  complaints, as well as, their resolutions and
  will issue an annual report to the President of
  the University in a manner that will insure the
  confidentiality of all parties to the
  complaint(s).

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Discrimination andSexual Harassment Policy
(continued)

• B. Procedures for Reviewing Complaints of
  Discrimination and Sexual Harassment
• 1) There are both informal and formal routes for
  investigation and resolution of complaints of
  discrimination or sexual harassment. Informal
  procedures offer opportunities for the resolution
  of complaints confidentially and expeditiously.
  The formal process always involves an
  investigation.
• 2) Nothing in the policy is intended to prevent
  the complainant or the respondent from pursuing
  formal legal remedies or resolution through
  local, state, or federal agencies or the courts.
  But if such is done, the complainant cannot
  pursue University-based dispute resolution
  although the University may conduct its own
  investigation.

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Discrimination andSexual Harassment Policy
(continued)

• 3) Individuals who believe they have been
  discriminated against, harassed or retaliated
  against, should be aware that there may be court
  or agency filing deadlines even though internal
  University processes have not reached a
  conclusion. Information about time limitations or
  procedures in external forums can be obtained
  from the following external agencies
• Colorado Division of Civil Rights
• 800 Eighth Avenue
• Greeley CO 80631
• 970.356.9221
• United States Equal Employment Opportunity
  Commission (EEOC)
• 1845 Sherman, Columbine Building
• Denver CO 80203
• 303.866.1300

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Discrimination andSexual Harassment Policy
(continued)

• C. Informal Procedures
• 1) The purposes of informal procedures are to
  provide opportunities to resolve issues arising
  from alleged cases of discrimination or sexual
  harassment in an informal manner.
• 2) Individuals who believe they have experienced
  discrimination or sexual harassment should
  contact the AA/EEO. It is encouraged that such
  contact be made within 90 days of the alleged
  incident(s). The individual is not required to
  give her/his name nor to give the name of the
  alleged offender. However, if the alleged
  offender is identified, the complainant may no
  longer remain anonymous.
• 3) The AA/EEO will assist the parties in
  resolving the issue in a timely manner.

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Discrimination andSexual Harassment Policy
(continued)

• 4) It is expected that all parties shall maintain
  strict confidentiality. Notes regarding informal
  procedures shall be maintained in the Employee
  Relations Office files. Any notes regarding the
  matter shall not be placed in any other
  University file and shall not become a part of an
  employees personnel file or part of a students
  records.
• 5) Where appropriate, the use of alternative
  means of dispute resolution is encouraged to
  resolve disputes arising under this Policy.

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Discrimination andSexual Harassment Policy
(continued)

• D. Formal Complaint
• 1) Filing a Formal Complaint
• a) Any member of the University community at
  the time of an alleged incident may file a
  formal complaint.
• b) A formal complaint may be filed by a
  complainant dissatisfied by the results of the
  informal process.
• c) A formal complaint shall be filed in writing
  with the AA/EOO. The complaint shall include the
  name of the complainant, the nature of the
  complaint, including such details as the name of
  the respondent(s) and the date(s) or approximate
  date(s) on which the alleged act(s) occurred, and
  any remedy sought by the complainant.

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Discrimination andSexual Harassment Policy
(continued)

• d) A formal complaint must be filed
• 1) within 180 days of the date the alleged
  conduct occurred
• 2) if the conduct is continuing, within 180 days
  of the most recent incident of discrimination or
  sexual harassment
• 3) in the case of a prior informal complaint
  relating to the same problem, within 45 days of
  the conclusion of informal procedures.

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Discrimination andSexual Harassment Policy
(continued)

• 2. Investigation Prior to Formal Action
• a) The AA/EOO shall begin his/her investigation
  of the complaint expeditiously after receiving
  the formal complaint.
• b) In conducting the investigation, the AA/EOO
  shall interview the complainant, the respondent,
  and any other persons believed to have pertinent
  factual information.
• c) The AA/EOO shall promptly provide the
  respondent with a copy of the formal complaint.
  The investigation shall afford the respondent an
  opportunity to respond to the allegations of the
  complaint.
• d) The AA/EOO shall be in communication with the
  complainant and respondent until the complaint is
  resolved. The parties shall be kept informed of
  the progress of the investigation.
• e) It is the expectation that the investigations
  of formal complaints shall be completed
  expeditiously. If the AA/EOO report has not been
  completed within 90 days of the filing of the
  complaint, the President and the parties to the
  complaint will be notified in writing of the
  probable date of completion.

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Discrimination andSexual Harassment Policy
(continued)

• 3. Outcomes
• The investigation of a formal complaint may
  result in one of the following outcomes
• a) that the alleged behavior or actions did not
  constitute discrimination or sexual harassment
  and the complaint is dismissed. All parties
  involved shall be so notified in writing
• b) Corrective and disciplinary action pursuant
  to 2-2-201(1)(a) and (b) of the Board of Trustees
  Policy Manual.
• E. Review Process
• Disciplinary review procedures is set out at
  Board of Trustees Policy Manual 2-2-201, et.seq.
  which can be found on the University website
  under Board of Trustees.

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Discrimination andSexual Harassment Policy
(continued)

• IV INSTITUTIONAL RESPONSIBILITY
• A. Responsibility of University Community
• All members of the University Community must
  share the responsibility for understanding and
  preventing discrimination and sexual harassment.
  However, faculty, administrators and supervisors
  have a duty to act promptly to eliminate any
  discrimination or sexual harassment that exists
  in their area of responsibility. Persons
  exercising supervisory authority have a statutory
  responsibility to take prompt actions when they
  become aware of possible violation of these
  policies.
• B. Provision for Information Dissemination,
  Training and Policy Review
• The policy and procedures on Discrimination and
  Sexual Harassment shall be published regularly
  and shall be incorporated into appropriate
  student, faculty and staff handbooks. Members of
  the University community who desire additional
  information should contact the Director of AA/EO
  or any member of the Review Board at any time.
• Information regarding rights and options for
  relief, in cases of discrimination and/or sexual
  harassment, shall be supplied to all students
  through written material and/or public forums.

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Discrimination andSexual Harassment Policy
(continued)

• Provisions will be made to provide all community
  members with information regarding discrimination
  and sexual harassment and the possible
  consequences of such conduct. Department chairs
  and administrative supervisors shall be informed
  of their responsibilities in the event formal
  complaints are filed against an employee within
  their span of control. Training in the proper and
  adequate handling of such cases shall be
  provided.
• The AA/EO shall be responsible for the
  development and dissemination of this
  information.
• There shall be a regular review of the Policy.
  This review shall occur no less frequently than
  every three years. After each review, the
  President will be provided a written report and
  recommendations for revisions