B. Affirmative Action

1.1   The Board of Trustees authorizes the Chancellor, in consultation with the Administrative Board, to establish affirmative action policies and an affirmative action plan that comply with State and Federal legislation.

2.1   Each component institution shall designate an individual(s) who will be responsible for organizing its affirmative action program. Responsibilities include grievance resolution, training and professional development to improve the USNH's affirmative action climate.

3.1   An affirmative action plan covering the University System and each of its component institutions will be adopted by the Chancellor, in consultation with the Administrative Board.

3.1.1   Specific responsibilities are described in the employment and compensation sections. (Reference USY V.C and USY V.F)

4.1   Each component institution shall be responsible for complying with USNH's policy not to discriminate against any employee or applicant for employment because of race, sex, color, disability, religion, age, marital status, national origin, sexual orientation, disabled veteran status, or Vietnam veteran status.

4.1.1   In compliance with the Genetic Information Nondiscrimination Act (GINA) of 2008, USNH applicants and employees are protected from discrimination in employment based on genetic information. Genetic information includes information about genetic tests of applicants, employees, and/or their family members, the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members. Under GINA regulations, acquisition of genetic information is restricted and disclosure of genetic information is strictly limited. (Also listed in USY V.C.2.3)

4.1.2   This policy applies to all areas of the University System including but not limited to hiring, job assignment, opportunities for training and development, pay, promotion and demotion, layoff and termination.

4.2   Communication-Internal/External. The component institutions shall be responsible for communicating and implementing USNH's commitment to non-discrimination.

5.1   Intent. All faculty, staff and students have a right to learn and work in a safe environment free of discrimination and harassment, including sexual harassment. It is the policy of the University System of New Hampshire that no member of the University System community may sexually harass another based on any legally protected characteristics. The intent of this policy is to foster behavior that results in a learning and working environment free of discrimination and harassment.

5.2   Definition of discriminatory harassment. (See USY V.B.5.3 for specific sexual harassment definitions.) In accordance with applicable USNH policy, State and Federal regulations, discriminatory harassment is any severe or pervasive conduct directed to an individual or group of individuals because of gender, race, color, gender identity, ethnicity, national origin, age, disability, religion, marital status, pregnancy, sexual orientation, personal appearance, veteran status, genetic information, or any other legally protected characteristic such that:

5.2.1   The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile, intimidating, or offensive working and/or academic environment.

5.2.2   Submission to or rejection of such conduct by an individual is used as the basis for employment and/or academic decisions affecting that individual.

5.2.3   Submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment and/or academic work.

5.2.4   Such conduct unreasonably interferes with an individual's ability to participate in or benefit from an educational program or activity.

5.2.5   Examples of conduct which may, if continued or repeated, constitute discriminatory harassment may include, but are not limited to: unwanted physical contact; use of epithets, inappropriate jokes, or comments, or innuendos, obscene or harassing telephone calls, emails, letters, or other forms of communication; or any form of conduct that creates a hostile learning and/or working environment, such as those that affect promotion, demotion, wage and salary increases, and/or work assignments.

5.3   Definition of sexual harassment. Whether intended or not, sexual harassment is illegal under both state and Federal law. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

5.3.1   Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile or offensive working or academic environment.

5.3.2   Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual.

5.3.3   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic work. (Section 1604.11 of the EEOC's Guidelines on Sex Discrimination)

5.3.4   Examples of conduct which may, if continued or repeated, constitute sexual harassment are: unwelcome sexual propositions; graphic comments about a person's body; sexually suggestive objects or pictures in the workplace; derogatory or sexually explicit statements about an actual or supposed sexual relationship; unwelcome touching, patting, pinching or leering or derogatory gender-based humor or any form of conduct that creates a hostile learning and/or working environment, such as those that affect promotion, demotion, wage and salary increases, and/or work assignments.

5.4   Procedure for implementation of policy. The component institutions of USNH shall establish a process for implementation of discriminatory harassment policy including sexual harassment. The process should be similar to the process for implementation of any other policy and shall include the following provisions:

5.4.1   Dissemination. The institutional process shall provide for the dissemination of information regarding USNH policy on discriminatory harassment including how to obtain more information and how to file a complaint.

5.4.2   Training. The institutional process shall provide for periodic training for supervisors and others in positions of academic or administrative responsibility regarding the existence and interpretation of discriminatory harassment policy.

5.4.3   Records and reports. The institutional process shall provide a methodology for recording and reporting on discriminatory harassment complaints. Sexual harassment complaints and the identity of individuals involved will be kept confidential where and to the extent legally appropriate (see also USY V.B.5.5.4)

5.5   Establishment of review of policy violations/complaints. Each component institution shall maintain a process for review of accusations and complaints of policy violation. Such review shall be similar to the process for any other policy violation review with the following additions:

5.5.1   The process for review shall include multiple "in-take" points so that the complainant may bring a complaint and/or discussion about the issue with a person other than the alleged harasser. Normally, the faculty/staff member will be able to select from one of several offices or individuals for assistance.

5.5.2   The process for review shall include a full and fair investigation procedure. The breadth and depth of the investigation may be as simple as a single interview or may include multiple interviews and written reports as appropriate to the case and the nature of the complaint. Care will be given to both a thorough review and to protection of the rights of the parties involved.

5.5.3   After an investigation, the process shall include a written determination by the appropriate administrative authority that (a) the policy was not violated, or (b) that the issue was resolved to the satisfaction of the parties involved, or (c) that there is sufficient evidence of a policy violation to warrant further action, or (d) that there was insufficient evidence to conclude that a policy was violated.

5.5.4   Confidentiality shall be maintained where legally and reasonably appropriate. Confidentiality cannot be unconditionally guaranteed under any circumstances. The institution has a responsibility to act where it has reason to know of a policy violation.

5.6   Compliance

5.6.1   Component institutions of USNH shall be responsible for enforcement of sexual harassment policy and to make a determination of appropriate corrective action where violations have occurred.

5.6.2   USNH faculty and staff shall comply with institutional USNH and Board of Trustees' policy. Violations of this policy will be subject to the application.

5.6.3   Appropriate discipline or corrective actions shall include discipline and dismissal as described in policies USY V.C.8 and 9 as well as corrective actions such as attendance at sexual harassment training, assignment of reading material, written statements or apology and/or acknowledgement of policy violation.

5.7   Appeal. If the respondent faculty or staff member alleges that the decision regarding a sexual harassment policy violation violates BOT or USNH policy, s/he may grieve the action using the campus grievance procedure. The grievance must conform to the criteria outlined in USY V.D.12.

5.8   Prohibitions

5.8.1   Retaliation against an individual who complains of discriminatory harassment or cooperates in an investigation udner this policy is strictly prohibited.

5.8.2   Intentionally making a false accusation of harassment is prohibited.