Title
University of North Carolina at Chapel Hill Procedures for Reporting and Responding to Complaints of Discrimination, Harassment, and Related Misconduct Involving a Third Party as the Responding Party
Introduction
Purpose
The purpose of this Procedure is to outline the process for a prompt, equitable, impartial, and effective response to reports of Prohibited Conduct as defined in the Policy on Prohibited Discrimination, Harassment and Related Misconduct (“Policy") involving a Third Party as the Responding Party.
Scope
This Procedure applies to the reporting and resolution of conduct that:
- Could constitute Prohibited Conduct as defined in the Prohibited Conduct section of the Policy, and
- Meets the requirements in the Jurisdiction section of the Policy, and
- Involves a Third Party reportedly acting under circumstances in the University’s control as the Responding Party.
This Procedure is intended to comply with current federal and state law. While the University will make good faith efforts to update this Procedure to reflect any legal changes, in the event any provision of this Procedure conflicts with applicable law, the law will supersede such provision.
Key Terms
EOC: the University’s Equal Opportunity and Compliance Office.
Policy: the University’s Policy on Prohibited Discrimination, Harassment and Related Misconduct.
This Procedure also incorporates all defined terms in the Policy. As defined in the Policy, the term “Third Party” may include, but is not limited to, visitors, program participants, and contractors.
Resources
Safe at UNC website
Comprehensive Resource Guide
Procedures
A. Reporting Prohibited Conduct
Any person may report Prohibited Conduct to the EOC and/or the Title IX Coordinator or designee in person, by telephone, in writing, by e-mail, by using the EOC’s electronic reporting form, or by any other means that results in the EOC, Title IX Coordinator, or designee receiving the person’s verbal or written report. Details about how to report can be found in the Reporting Prohibited Conduct section of the Policy.
B. Response to a Report of Prohibited Conduct
Upon receiving a report of Prohibited Conduct, the EOC will conduct an Initial Assessment as described in the Policy. During the Initial Assessment, the EOC will evaluate several factors to determine whether to take action and, if so, the appropriate resolution route. These factors include but are not limited to:
- The Reporting Party’s request not to proceed with an Inquiry;
- The Reporting Party’s reasonable safety concerns relating to proceeding with an Inquiry;
- The risk that additional acts of Prohibited Conduct would occur without pursuing an Inquiry;
- The severity of the alleged conduct, including whether the conduct, if proven, would require the removal of a Responding Party from campus or imposition of another restriction on the Responding Party's continued or future participation in the University's programs and activities to end the behavior and prevent its recurrence;
- The age and relationship of the parties, including the Responding Party’s relationship with the University;
- The scope of the alleged conduct, including information suggesting a pattern, ongoing behavior, or conduct alleged to have impacted multiple individuals;
- The availability of information to assist the EOC in determining whether Prohibited Conduct occurred; and
- Whether the University could end the alleged Prohibited Conduct and prevent its recurrence without initiating an Inquiry.
Where possible based on the facts and circumstances, the EOC will take action consistent with the Reporting Party’s expressed preference for manner of resolution. However, in some circumstances, after considering the factors above, the University may determine that it must move forward to conduct an Inquiry of reports in which there appears to be a threat to an individual or to the University as a whole. The University’s ability to fully conduct an Inquiry and respond to a report may be limited or impossible if the Reporting Party requests that their name not be disclosed to the Responding Party or declines to participate in an Inquiry.
If the Responding Party is no longer in circumstances under the University’s control at the time of the report, or if the conduct does not meet the jurisdictional requirements as outlined in the Policy, the University may not be able to fully conduct an Inquiry or take action against the Responding Party.
The Initial Assessment may include consultation with appropriate campus units to determine if interim removal or other interim actions are appropriate for the Responding Party.
At the conclusion of the Initial Assessment, the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee will determine the appropriate resolution route. Resolution may include:
- Take no further action;
- Pursue an Inquiry to determine if measures are warranted; or
- Take other actions tailored to address the reported conduct.
The EOC will take no further action where the conduct, even if true, would not constitute a Policy violation; where the EOC determines it can respect the Reporting Party’s request for no further action; where the EOC is unable to identify relevant parties; and other appropriate circumstances. To determine that the conduct, even if true, would not constitute a Policy violation, the EOC may request information from other University offices.
Regardless of the manner of resolution, a Responding Party may choose to accept responsibility at any stage in the process.
C. Resolution process
1.Time Frame
All time frames related to these resolution processes or otherwise listed in the Procedure may be extended on a case-by-case basis for good cause as necessary to ensure the integrity and completeness of the resolution process, to comply with a request by law enforcement, to accommodate the availability of witnesses, to account for University breaks or pre-approved leave, to account for the complexities of an Inquiry (e.g., the number of witnesses and volume of information provided by the parties), or to address other legitimate reasons. Any extension of a time frame, and the reason for the extension, will be shared with the parties in writing. The EOC will make best efforts to complete the resolution process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.
2. Resources
A Report and Response Manager in the EOC will serve as a resource and point of contact for both parties and any witnesses throughout the resolution process to answer questions about the process and to connect parties to resources, support, accommodations, or Supportive Measures, as appropriate.
To the extent permitted by law and subject to some limitations, throughout the resolution process conducted by the EOC, any party may have a Support Person and/or Advocate present at any meeting related to resolution of a report under the Policy. For more information about the role of a Support Person or Advocate, refer to the Policy.
D. Inquiry
1. Timeframe
The EOC will seek to resolve all reports of alleged misconduct under these Procedures within 45 business days of the EOC’s determination that an Inquiry is the appropriate course of action.
2. Process
If the EOC determines an Inquiry is appropriate, the EOC will oversee the Inquiry, and a member(s) of the EOC staff will conduct the Inquiry. The Inquiry will generally provide both parties with notice of the scope of the Inquiry and an opportunity to submit information to the EOC staff member(s).
All individuals will be treated with appropriate sensitivity and respect throughout the Inquiry. The University will safeguard the privacy of the individuals involved in a manner consistent with federal law and University policy.
The EOC may request the appearance of individuals from the University community who can provide relevant information.
3. Consolidation of Complaints
At the discretion of the University, the EOC may consolidate multiple reports into one Inquiry if the information related to each incident would be relevant in reaching a determination regarding the other incident(s). This includes, but is not limited to, matters where the EOC has determined that there is a relevant pattern or where the information relating to the other alleged conduct is inextricably intertwined with Prohibited Conduct under the Policy. The EOC may consolidate matters when they involve multiple Reporting Parties, multiple Responding Parties, or related conduct within a department or unit. When more than one Reporting Party or more than one Responding Party is involved, references in this Procedure to a party, Reporting Party, or Responding Party include the plural, as applicable.
4. Intersection with laws or other policies
If the report includes allegations that could potentially violate other University policies, the EOC may take steps to maximize efficiency, minimize disruption, and impart a prompt and appropriate resolution by the University.
Where the University is made aware that there is a concurrent criminal investigation, the EOC will coordinate with law enforcement to prevent any University processes from interference with the integrity or the timing of the law enforcement investigation. At the request of law enforcement, the University may agree to defer any portion of its Inquiry until after the initial stages of a criminal investigation. The EOC will communicate with the parties, as appropriate given their affiliation with the University, regarding resources and accommodations, procedural options, anticipated timing, and the implementation of any necessary Supportive Measures for the safety and well-being of the parties. The EOC will promptly resume the Inquiry as soon as law enforcement releases the case for review following the initial criminal investigation.
5. Written Notice of Outcome
At the conclusion of the Inquiry, when appropriate and to the extent permitted by applicable law, the EOC will notify the parties in writing of the outcome of an Inquiry, which may include measures or remedies. The outcome of the Inquiry will be final, subject to any grievance rights that may be available to certain University employees.
E. Measures and Remedies
The Policy prohibits a range of behaviors that are serious in nature. In keeping with the University’s commitment to foster an environment that is safe, inclusive, and free from Prohibited Conduct, the Policy authorizes the EOC to impose measures tailored to the circumstances of each report. Specifically, these measures are designed to:
- Address the effects of the misconduct on the Reporting Party and the University community;
- Hold the Responding Party accountable for the conduct committed; and
- Eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects.
The measures the University imposes may include educational, restorative, rehabilitative, and/or punitive components. Some behavior, however, is so harmful to the educational process and/or the work environment that it requires severe measures, including temporary or permanent separation from the University or UNC System.
In determining the appropriate measures to impose, the EOC will consider the following factors:
- The nature and violence of the conduct at issue;
- The effects of the conduct on the Reporting Party;
- The effects or implications of the conduct on the work environment, the community or the University;
- Whether the conduct involved an abuse of power or authority;
- Prior misconduct by the Responding Party, including the Responding Party’s relevant prior behavior, both at the University or elsewhere, including criminal convictions;
- Whether the Responding Party has accepted responsibility for the conduct;
- Maintenance of a safe and respectful environment conducive to learning and working;
- Protection of the University community; and,
- Any other mitigating, aggravating, or compelling circumstances to reach a just and appropriate resolution in each case.
All similarly situated Responding Parties must be treated equitably when applying these factors.
1. Measures
Measures that may be implemented include, but are not limited to:
- Supportive Measures;
- Increased monitoring, supervision, or security at locations or activities where the misconduct occurred;
- Educational requirements including but not limited to projects, programs, trainings, or requirements designed to help the Responding Party or other affiliated persons or groups manage behavior, understand why it was inappropriate, and discuss solutions for eliminating the alleged behavior and remedying its affects;
- “No Contact” Orders that limit access to specific University areas or forms of contact with particular persons;
- Trespass Notices issued by law enforcement with requirements not to enter campus property;
- Adjusting the terms of or terminating a contract between the University and individuals or entities that have been found to have violated the Policy through an Inquiry;
- Denying access to campus facilities or events for Responding Parties found to have violated the Policy through an Inquiry; and
- Any other measure that can be tailored to the involved individuals to achieve the goals of the Policy.
In some circumstances, even if the EOC finds that the Responding Party did not violate the Policy, the EOC may require training, education, or other corrective measures for the Responding Party, other individuals involved, or for an entire department or unit.
2. Remedies
When the University determines that the Responding Party has violated the Policy, the EOC will consider appropriate remedies, based upon the findings and unique circumstances of each report. Remedies are measures provided, as appropriate, to restore and preserve the Reporting Party’s equal access to the University’s educational programs or activities by addressing the effects of the conduct on the Reporting Party. Remedies seek to restore to the Reporting Party, to the extent possible, all benefits and opportunities lost as a result of the Prohibited Conduct.
Remedies may include, but are not limited to, adjustment of work or class assignments, location, and/or schedule or recommending or requiring a review of a negative performance or grade decision that may have resulted from the conduct that violated the Policy. Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Responding Party.
The EOC will identify long-term or permanent remedies for the Reporting Party and address any effects of the conduct on the University community. Long-term remedies may include extending or making permanent any Supportive Measures or implementing additional measures tailored to achieve the goals of the Policy. Many of the remedies and supports that a Reporting Party might need at the conclusion of an Inquiry will have already been provided during the resolution process, including but not limited to academic or workplace accommodations, access to available resources at Counseling and Psychological Services or the Employee Assistance Program, and modifications to on-campus housing or employment arrangements. The EOC will, in all cases, consider whether there is a need for additional or extended remedies. The EOC is responsible for the effective implementation of any remedies.
F. External Agreements
The University will not recognize or enforce agreements between the parties outside of these procedures. The University will recognize, however, a lawfully issued protective order under North Carolina law.
Related Requirements
See "Related Requirements" in the Policy.
Contact Information
General Inquiries or Concerns
Office: Equal Opportunity and Compliance Office
Telephone: 919-966-3576
Email: eoc@unc.edu
Inquiries or Concerns about Title IX
Name: Elizabeth Hall, Associate Vice Chancellor of Equal Opportunity and Compliance / Title IX Coordinator
Telephone: 919-445-1297
Email: cehall@email.unc.edu
Concerns about the University's Application of Laws Covered by this Policy
United States Department of Education, Office for Civil Rights (OCR)
Website: OCR website
Telephone: 800-421-3481
Email: OCR@ed.gov
United States Equal Employment Opportunity Commission (EEOC)
Telephone: 800-669-4000
Email: info@eeoc.gov