The following are the procedures for the UNMC nondiscrimination, including sexual harassment. This policy on Non-Discrimination, including Sexual Harassment, is listed on the web at http://www.unmc.edu/dept/policy/index.cfm?L1_ID=-1&L2_ID=20&CONREF=106. Users are reminded that for a complete overview, they will need to review both the policy and procedure pages.
The University of Nebraska Medical Center has an institutional obligation to provide a place where persons can work and study free of illegal discrimination. Specific aspects of that obligation are defined by Titles VI and VII of the Civil Rights Act of 1964, as amended, Title IX of the Education Amendments of 1972, the Rehabilitation Act of 1978, the Americans with Disability Act of 1990, and the Age Discrimination in Employment Act, among other federal and state laws, agency regulations and judicial interpretations. University Officials have a duty to promptly investigate and take appropriate action on all known incidents of illegal discrimination.
In addition to its legal obligations, UNMC is a community which, within legal restraints, may establish norms of behavior to govern the interaction of individuals within the community. These norms may, and often do, go beyond enforcement of any legal obligation established for the University as an institution. This section provides fair procedures for applying these norms and for resolving disputes between members of the UNMC community relating hereto. In establishing these procedures, UNMC does not accept legal responsibility for the behavior of individuals which may contravene the norms established in this document, nor does it intend to extend its institutional responsibility beyond that already imposed by law.
Nothing in this document shall be construed to violate the guarantees of academic freedom or other rights established by the First Amendment to the U. S. Constitution.
The following are the procedures for implementation of the UNMC non-discrimination, including sexual harassment, policy at http://www.unmc.edu/dept/policy/index.cfm?L1_ID=-1&L2_ID=20&CONREF=106. This policy is based on the policy of the Board of Regents of the University of Nebraska, http://www.nebraska.edu/board/RegentPolicies.pdf.
The University of Nebraska Medical Center (UNMC) is committed to being a culturally competent institution in which employees can realize their maximum potential in the workplace and students can engage fully in the learning process. Diversity in a representative faculty, staff, and student population is a hallmark of a premier and dynamic institution.
UNMC hereby reaffirms its commitment to non-discrimination in its Human Resources policies, academic practices and in its service delivery. It is UNMC’s policy to recruit, hire, train and promote persons into all job levels, and ensure that all employment and academic actions are administered, without regard to race, color, religion, age, sex, marital status, national origin, physical or mental disability, special disabled veteran status, or Vietnam era veteran status. All such decisions are based on (1) individual merit, qualifications, and competence as they relate to the particular position, and (2) promotion of the principle of equal employment opportunity. It is also UNMC’s policy to deliver services, patient care, academic, and research activities in a manner that adheres to the non-discrimination policy.
UNMC has developed and implemented an Affirmative Action Plan to support its commitment to the principle of equal opportunity for all members of the UNMC community The UNMC Affirmative Action Officer, Carmen Sirizzotti, Division Director of Human Resources-Employee Relations, is responsible for hearing complaints, concerns, reports of problems, and for providing assistance in such matters as the nondiscrimination or sexual harassment policies and the UNMC grievance process and has responsibility for the implementation of affirmative action. The plan covering disabled individuals, Vietnam era veterans, and special disabled veterans can be viewed in the Administration Center, located at 426 South 40th Street (NW corner of 40th Street and Dewey Avenue), during normal business hours, from 8:00 a.m. – 5:00 p.m., Monday through Friday.
In addition, employees, applicants for employment, patients, students, as well as visitors, shall not be subjected to harassment, intimidation, threats, coercion, or discrimination because they have engaged in or may engage in activities such as filing a complaint or participating in an investigation, or opposing any unlawful act or practice.
Responsibilities on the UNMC Campus
The Chancellor, as the chief executive officer, is responsible for assuring all employees, applicants for employment, students, candidates for admission, vendors, volunteers, patients and visitors are protected from any form of harassment.
The UNMC Affirmative Action Officer, Carmen Sirizzotti, Division Director of Human Resources-Employee Relations is responsible for the implementation, dissemination, and enforcement of this policy.
Each UNMC Vice Chancellor, Dean, Director, Department Chair, and/or other UNMC administrator or supervisor at any level is responsible for disseminating and enforcing this policy within his/her unit. Such officials are also responsible for reporting complaints to their superiors when discrimination or sexual harassment is known to have occurred. Such officers are also required to report complaints to the UNMC Affirmative Action Officer, Carmen Sirizzotti, Division Director of Human Resources-Employee Relations, located in the Administration Center, 426 South 40th Street, by calling (402) 559-2710 or by fax at (402) 559-5904 (confidential fax number).
Every UNMC employee is responsible for adhering to this policy. UNMC reserves the right to take appropriate action against prohibited discrimination affecting the work or academic environment in the absence of a complaint from an individual.
Reporting Complaints
Any employee, applicant for employment, student, candidate for admission, or campus visitor, who believes he or she may have suffered discrimination or sexual harassment should report problems, concerns, complaints, or issues relating to alleged prohibited discrimination by contacting the UNMC Affirmative Action Officer, Carmen Sirizzotti, Division Director of Human Resources-Employee Relations at 402/559-2710 (phone), 402/559-5904 (confidential fax number); individuals may come to the office at Room 2000 Administration Center, 426 South 40th Street, Omaha, NE 68198-5470, during normal business hours (8:00 am - 5:00 pm, Monday through Friday). Administrators, faculty, staff, and students also may assist parties in bringing forward inquiries or complaints of alleged prohibited discrimination in contacting the UNMC Affirmative Action Officer, Carmen Sirizzotti, Division Director of Human Resources-Employee Relations. The Human Resources-Employee Relations office administers the UNMC formal grievance process related to discrimination issues. Faculty may also report complaints of discrimination or sexual harassment directly to the Faculty Senate Grievance Committee, to Kurtis Cornish, Ph.D., (Committee Chair) at 402/559-4372, or at 984574 Nebraska Medical Center, Omaha, NE 68198-4575.
Formal Grievance Procedure
Any staff, faculty, student, patient, visitor, or vendor who believes that this policy has been violated and has become a victim of sexual harassment may file a grievance with the UNMC Affirmative Action Officer, Carmen Sirizzotti, Division Director of Human Resources-Employee Relations by calling (402) 559-2710 or by fax at (402) 559-5904 (confidential fax number).
No Retaliation
There shall be no retaliation against any person, who in good faith, participates in the UNMC grievance process, including those called as witnesses in another party’s grievance. Those who engage in such retaliatory behaviors shall receive the appropriate discipline.
Further, there shall be no retaliation against individual employees who raise concerns. Individuals with compliance concerns or complaints should review the UNMC Compliance Hotline Policy # 8001, which provides information on communication channels for employees and students to report any activity or conduct that they suspect violates University of Nebraska or UNMC policies and procedures, and/or federal, state, or local laws and regulations.
General Categories of Sexual Harassment
Communication of a sexual nature, whether oral, pictorial, electronic (whether real or virtual), written, or physical, which in purpose or effect intimidates the recipient or creates an offensive or hostile working or academic environment is prohibited at UNMC. Such communication might be repeated use of greeting or titles offensive to the recipient, i.e., gestures, or physical contact such as touching or pinching (Hostile Environment).
Solicitation of sexual contact of any nature is also prohibited, when submission to or rejection of such contact explicitly or implicitly imposes either favorable or adverse terms or conditions or employment or academic standing (Quid Pro Quo).
· Examples of “favorable” terms or conditions might be extra training, awards, lax record keeping regarding time reporting, sick leave or vacation use, inequitable standards, unjust evaluations, promotion, permissive grading, etc.
· Examples of “adverse” terms and conditions might be withholding training, inequitable standards, unjust evaluations, reassignment to a less desirable position or location, denial of promotion or threats of any such adverse actions, whether enforceable or not, including threats of termination or dismissal.