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   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 work in an environment free of discrimination, including freedom from 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. The intent of this policy is to foster behavior in a working environment free of discrimination.

5.2   Definition. 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:

5.2.1   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.

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

5.2.3   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   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.

5.4   Procedure for implementation of policy. The component institutions of USNH shall establish a process for implementation of sexual harassment policy. 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 sexual 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 sexual harassment policy.

5.4.3   Records and reports. The institutional process shall provide a methodology for recording and reporting on sexual 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.