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It is the policy of the University of New Hampshire to uphold the
constitutional rights of all members of the University community and
to abide by all United States and New Hampshire State laws and University
System of New Hampshire and University of New Hampshire policies applicable
to discrimination and harassment.1 In accordance with those laws and
policies, all members of the UNH community will be responsible for maintaining
a university environment that is free of discrimination and harassment
based on race, color, religion, sex, age, national origin, sexual orientation,
gender identity or expression, disability, veteran status, or marital
status.2 Therefore, no member of UNH may engage in discriminatory or
harassing behavior within the jurisdiction of the university that unjustly
interferes with any individual's required tasks, career opportunities,
learning, or participation in university life.
Responsibilities. The Director of the Affirmative Action and Equity
Office is responsible for the monitoring of the policy, and has oversight
of all processes that are covered by the policy (including the Judicial
Process for student misconduct). The Director is the Title IX Coordinator,
and has special responsibility for actions regarding sex discrimination
and sexual harassment in an institution of higher learning. In addition,
there are state legal requirements that any instance of sexual harassment
of a student by an employee (faculty, administrator or staff) that comes
to the attention of another employee must be reported; at UNH, reporting
will be to the Director of the Affirmative Action and Equity Office.
The ADA Compliance Officer, whose position is located in the Affirmative
Action and Equity Office, is directly responsible for disability compliance,
and monitors all such complaints and issues.
Community Resources. Members of the UNH community who believe they are
being subjected to discriminatory practices or discriminatory harassment
may want to seek advice and support from certain on-campus resources.
These individuals/departments can provide complainants with information
on the many options available. They may provide information and support
whether or not a complainant chooses to seek formal or informal resolution.
Any University community member, whether student, faculty, or staff,
may always contact the Director of the Affirmative Action and Equity
Office with a discrimination or harassment complaint, including sexual
harassment. The Sexual Harassment and Rape Prevention Program (SHARPP)
offers assistance and confidential support 24 hours a day. Complainants
are encouraged to seek support where they feel most comfortable. Other
resources include:
External Resources. At any time during the process, a complainant may
also choose to consult with one or more of these external agencies:
Equal Employment Opportunity Commission, the Office for Civil Rights,
or the New Hampshire Commission for Human Rights. Since they have differing
time limits for filing, which are in some cases dependent on filing
with another agency, complainants are urged to obtain that information
early in the process.
Step One. Complainant should meet directly with the Director of the
Affirmative Action and Equity Office, the ADA Compliance Officer, or
with any resource person or department. Once contact has been made,
the Affirmative Action and Equity Office must be notified of the complaint.
A support person may accompany the complainant.
Step Two. The Director of the Affirmative Action and Equity Office will
make a preliminary assessment about the behavior in question.
-If it is the assessment of the Director of the Affirmative Action and
Equity Office that the behavior does not meet the criteria defining
discrimination and/or discriminatory harassment, and the complainant
disputes that judgment, then the complainant should contact the President's
Office. The President, or the President's designee, will review the
complaint and determine whether or not the Director of the Affirmative
Action and Equity Office should conduct an investigation.
-If it is determined that discrimination and/or discriminatory harassment
may have occurred, but the complainant does not wish
to pursue the complaint further, the Director of the Affirmative Action
and Equity Office will take necessary action to protect the interests
of the university and in accord with the accused’s rights to due process.
Any immediate measures that are needed to protect the complainant will
be taken.
-If the assessment is that discrimination and/or discriminatory harassment
may have occurred, and the complainant wishes to proceed
with the complaint, the Director of the Affirmative Action and Equity
Office will oversee an investigation of the complaint.
Step Three. The investigation will begin with the complainant submitting
to the Affirmative Action and Equity Office a written, signed complaint.
Before informing the accused of the complaint, the Director of the Affirmative
Action and Equity Office will notify the appropriate administrator at
or above dean or director level who has supervisory responsibility for
the accused. This administrator may elect to participate with the Director
of the Affirmative Action and Equity Office in all or any stages of
the investigation. The Director of the Affirmative Action and Equity
Office will provide a copy of the complainant's signed complaint to
the accused person, together with information as to the policy. The
Director of the Affirmative Action and Equity Office will then promptly
interview the accused. A support person may accompany the accused. Thereafter,
a reasonable effort will be made to investigate disputed facts of the
case, using corroborating sources of information (including witnesses)
identified by the complainant and the accused. The Director of the Affirmative
Action and Equity Office will complete the investigation as promptly
as is reasonably possible, in most cases within twenty (20) working
days. Written, dated, confidential records will be maintained throughout
the investigation.
Step Four. Through discussion with the complainant and the accused separately
or together, the Director of the Affirmative Action and Equity Office
may be able to resolve the matter to the satisfaction of all persons
involved. If a resolution is reached, dated, written copies of the terms
of the resolution shall be given to the complainant, the accused, and
the administrator at or above dean or director level who has supervisory
responsibility for the accused. A copy of the resolution should be kept
in a file to be located in the Affirmative Action and Equity Office,
unless the resolution specifies otherwise.
Step Five. If a resolution is not possible, the Director of the Affirmative
Action and Equity Office must convey to the accused a formal, written
statement of the charge being forwarded to the appropriate administrator
for action. The Director of the Affirmative Action and Equity Office
will provide findings, a conclusion regarding the extent to which the
complaint meets the criteria for discriminatory harassment, and a recommendation
for action, to the administrator at or above dean or director level
who has supervisory responsibility for the accused. The administrator
will then render judgment in the case. This judgment should be reached
as promptly as is reasonably possible, and in most cases within ten
(10) working days. The administrator must communicate the judgment in
writing to the complainant, the accused and the Director of the Affirmative
Action and Equity Office. The judgment will fall into one of two categories:
(1) Unfounded, i.e., in the informed judgment of the administrator,
the offense did not meet the criteria of discriminatory harassment and/or
the accused did not commit the offense; or, (2) Founded, i.e., in the
informed judgment of the administrator, the offense did meet the criteria
for discriminatory harassment and was committed by the accused. In this
case, the administrator, with advice from the Director of the Affirmative
Action and Equity Office, will impose appropriate disciplinary sanctions,
which may include but are not limited to an oral reprimand, a written
reprimand, reassignment of duties, suspension with pay, suspension without
pay, or termination.
Step Six. Appeals and actions on appeals. An accused who is unsatisfied
with the administrator's judgment and/or the imposed sanctions may grieve
through the appropriate faculty or staff grievance procedures. A complainant
who is unsatisfied with the administrator's judgment and/or imposed
sanctions may, within ten (10) working days of receiving that judgment,
appeal in writing to the next highest administrator. The administrator
or designee will review all materials and make the final determination.
That final determination will be made as promptly as is reasonably possible,
in most cases within twenty (20) working days. The administrator must
communicate the determination in writing to the complainant, the accused
and the Director of the Affirmative Action and Equity Office.