Purpose

1.1

UNMC shall not discriminate against anyone based on race, age, color, disability, religion, sex, national or ethnic origin, marital status, genetic information, Vietnam-era veteran status, or special disabled Veteran status. Sexual harassment in any form, including hostile environment and quid pro quo is prohibited under this policy.

Scope

2.1

The UNMC Non-Discrimination and Sexual Harassment Policy is applicable to all UNMC employees to include Office/Service, Managerial/Professional, Faculty, and Other Academic positions.

Basis of the Policy

3.1

Titles VI and VII of the Civil Rights Act of 1964, as amended, form the basis of this policy.  In addition, the University of Nebraska Board of Regents has declared in Board of Regents Policy 3.1.1:

"Employees on each campus of the University of Nebraska shall be employed and equitably treated in regard to the terms and conditions of their employment with out regard to individual characteristics other than qualifications for employment, quality of performance of duties, and conduct in regard to their employment in accord with University policies and rules and applicable law."

Board of Regents Policies

Authorities and Administration

4.1

The UNMC Human Resources’ Division Director of Employee Relations is responsible for the administration, implementation, and maintenance of the Non-Discrimination, Including Sexual Harassment, Policy at the campus level in consultation with the Assistant Vice Chancellor for Business and Finance Executive Director of Human Resources and the Vice Chancellor for Business and Finance.

Policy

5.1

The University of Nebraska Medical Center (UNMC) declares and affirms a policy of equal educational and employment opportunities, affirmative action in employment, and non-discrimination in providing its services to the public.  Therefore, UNMC shall not discriminate against anyone based on race, age, color, disability, religion, sex, national or ethnic origin, marital status, genetic information, Vietnam-era veteran status, or special disabled Veteran status. Sexual harassment in any form, including hostile environment and quid pro quo is prohibited under this policy.

Enforcement

6.1

UNMC reaffirms that all women and men -- administrators, faculty, staff, students, patients, and visitors -- are to be treated fairly and equally with dignity and respect.  Any form of discrimination, including sexual harassment, is prohibited.  This policy is enforced by federal law and by the University of Nebraska Board of Regents policies.  The UNMC Affirmative Action Officer, Carmen Sirizzotti, Division Director of Human Resources-Employee Relations, monitors UNMC's affirmative action and non-discrimination policies.

Responsibilities of UNMC Affirmative Action Officer, Administrators, Faculty, Staff, and Students, and the University

7.1

A work and academic environment free of discrimination is the responsibility of every member of the campus 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.  University officials (i.e., Vice Chancellors, Deans, Directors, Department Chairs, Ombuds Team Members) are also responsible for assisting faculty, staff and students in receiving appropriate responses to complaints or issues.  Faculty, staff and students are responsible for bringing forward complaints, concerns, problems or issues regarding discrimination or sexual harassment to either the UNMC Affirmative Action Officer, Carmen Sirizzotti, Division Director of Human Resources-Employee Relations, or to a University official.  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 402/559-2710, or at 984574 Nebraska Medical Center, Omaha, NE 68198-4575.

The University 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

8.1

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 (fax); individuals may come to the office at Room 2000 Administration Center, 426 South 40^th 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 by contacting Ms. Sirizzotti at 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.

No Retaliation

9.1

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.

Legal Definition of Sexual Harassment

10.1

According to the federal Equal Employment Opportunity Commission guidelines, sexual harassment is: “ . . . unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature. . . “ when:

• Submission to such conduct is made either explicitly or implicitly, a term or condition of employment or educational status
• Submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting an individual
• Such conduct has the purpose or effect of unreasonably interfering with one’s work or academic performance or creating an intimidating, hostile, or offensive environment

General Categories of Sexual Harassment

11.1

Hostile Environment: 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.  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.

Quid Pro Quo: Solicitation of sexual contact of any nature when submission to or rejection of such contact explicitly or implicitly imposes either favorable or adverse terms or conditions of employment or academic standing.

For additional information, contact Human Resources, Employee Relations at 559-2710.