6.3 Unlawful Workplace Harassment
Scope: Applies to all Winston-Salem State University employees.
Purpose: Guarantee all current and former state employees the right to work in an environment free from unlawful workplace harassment and retaliation.
The policy of Winston-Salem State University is that no state employee may engage in speech or conduct that is defined as unlawful workplace harassment as indicated below.
The State defines unlawful workplace harassment as unwelcome or unsolicited speech or conduct based upon race, sex, creed, religion, national origin, age, color or handicapping condition as defined by G. S. 168A-3 that creates a hostile work environment or circumstances involving quid pro quo.
Any former employee, full-time or part-time employee with either a permanent, probationary, trainee, time-limited permanent or temporary appointment who feels that he/she has been unlawfully harassed in the workplace must do the following:
- Submit a written complaint to the employing agency within 30 calendar days of the alleged harassing action.
- Agency must respond with appropriate remedial action within 60 calendar days from receipt of written complaint. If not satisfied with the agency's response, the grievant may appeal directly to the Office of Administrative Hearings and the State Personnel Commission with 30 days of the response.
An individual with a grievance concerning a denial of employment, promotion, or transfer, or concerning a demotion, layoff, reduction in force or termination due to discrimination based on age, sex, race, color, national origin, religion, creed, political affiliation or handicapping condition as defined by G. S. 168A-3, or a grievance based on retaliation for opposition to alleged discrimination may still appeal directly to the Office of Administrative Hearings and the State Personnel Commission.
Grievants may file simultaneous complaint under Title VII with the Equal Employment Opportunity Commission (EEOC).
Former employees may appeal directly to the Office of Administrative Hearings and State Personnel Commission.
Applicants, while not covered under the State Statute (SB78), are covered under other state and Federal Civil Rights Acts.
A prompt and impartial investigation will be made of all cases alleging unlawful workplace harassment based on presented facts surrounding the misconduct. Any interference, coercion, restraining or reprisal of any person complaining of unlawful workplace harassment is prohibited.