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Policy No: 1099
Effective Date: 09/22/09
Revised Date: 04/08/19
Reviewed Date: 04/08/19

Non-Discrimination and Harassment Policy

Purpose

1.1 UNMC promotes equal educational and employment opportunities in the academic and work environment free from discrimination and/or harassment. UNMC is dedicated to creating an environment where everyone feels valued, respected and included.

Scope

2.1 This policy is applicable to all UNMC students, and employees to include Office/Service, Managerial/Professional, Faculty, and Other Academic positions. It also applies to campus visitors like applicants for educational programs, applicants for employment, volunteers, and vendors.

Basis of the Policy

3.1 Notice of Non-Discrimination & Equal Employment Opportunity (EEO):

UNMC strictly adheres to all applicable federal and state laws regarding non-discrimination and therefore prohibits all forms of discrimination or harassment based on one’s race, color, ethnicity, national origin, sex, pregnancy, sexual orientation, gender identity, religion, age, disability, genetic information, veteran status, marital status, or political affiliation. UNMC also prohibits any form of retaliation being taken against anyone for reporting discrimination, harassment, or retaliation at UNMC or for otherwise engaging in protected activity.

UNMC will respond to all reports brought by any students, employees, vendors, visitors, or other third parties alleging that they have been discriminated, harassed, or retaliated against based on a protected status or statuses, provided that one of the parties named in the complaint is a student, employee, or affiliate of UNMC and provided further that the report on its face states a claim that, if proven, would constitute a viable discrimination, harassment, or retaliation claim.

These procedures may be used to address misconduct issues based on or related to underlying claims of discrimination, harassment, or retaliation that do not involve any allegations of sexual misconduct. Allegations of sexual misconduct which includes dating violence, domestic assault, domestic violence, rape, sexual assault, sexual harassment (including hostile environment and quid pro quo), and stalking will be addressed separately through the applicable procedures set forth in the Board of Regents Bylaws, UNMC Policy No. 1107,

Sexual Misconduct or the Student Code of Conduct.

3.2 Related Policies and Laws:

Federal and State laws, including Title VII and Title VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; the Equal Pay Act; the Americans with Disabilities Act; the Rehabilitation Act of 1973; the Age Discrimination in Employment Act; the Family and Medical Leave Act of 1993, the Pregnancy Discrimination Act of 1978, the Genetic Information Nondiscrimination Act of 2008 and any and all state or local statutes, ordinances, or regulations, more specifically define UNMC non-discrimination obligations.

Authorities and Administration

4.1 The UNMC Associate Director of Human Resources - Employee Relations and the Assistant Vice Chancellor, Academic Affairs/Student Affairs are responsible for the administration, implementation, and maintenance of the Non-Discrimination and 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 of Academic Affairs.

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 does not discriminate based on race, color, ethnicity, national origin, sex, pregnancy, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, marital status, and/or political affiliation in its programs, activities, or employment. Harassment on the basis of a person’s protected status is prohibited under this policy.

Sexual Misconduct which includes dating violence, domestic assault, domestic violence, rape, sexual assault, sexual harassment (including hostile environment and quid pro quo), and stalking is covered under UNMC Policy No. 1107, Sexual Misconduct.

5.2 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 without 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.

5.3 Hostile Environment: conduct which is severe or pervasive, on the basis of a person’s protected status, whether verbal/audio, 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, e.g.: gestures.

Sexual Misconduct which includes dating violence, domestic assault, domestic violence, rape, sexual assault, sexual harassment (including hostile environment and quid pro quo), and stalking is covered under UNMC Policy No. 1107, Sexual Misconduct.

Inquiries

6.1 Any student applicant or student participating in educational programs and activities, employee, applicant for employment, or campus visitor, who believes he or she may have suffered discrimination or harassment based upon protected status (race, color, ethnicity, national origin, sex, pregnancy, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, marital status, and/or political affiliation) should report problems, concerns, complaints, or issues relating to alleged prohibited discrimination or harassment to:

Employees, applicants for employment, or campus visitors - Discrimination or Disability Inquiries:
Linda Cunningham, MPA
Associate Director of Human Resources - Employee Relations
Administrative Building (ADM) – Office# 2001
Telephone: 402.559.7394
E-mail lcunning@unmc.edu

Students or applicants for educational programs and activities - Discrimination or Disability Inquiries:
Philip D. Covington, EdD
Assistant Vice Chancellor for Student Success & Academic Affairs
Student Life Center 2033 Telephone: 402.559.2792 E-mail philip.covington@unmc.edu

Employees, Students, Applicants, Campus Visitors - Title IX Inquiries:
Jamie Wangler, MEd
Interim Title IX Coordinator
Telephone: 402.552-2214
E-mail jwangler@unmc.edu

Sexual Misconduct which includes dating violence, domestic assault, domestic violence, rape, sexual assault, sexual harassment (including hostile environment and quid pro quo), and stalking is covered under UNMC Policy No. 1107, Sexual Misconduct.

Responsibilities

Human Resources’ Associate Director of Human Resources – Employee Relations, Assistant Vice Chancellor for Student Success & Academic Affairs, Administrators, Faculty, Staff, 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 Associate Director of Human Resources – Employee Relations, Linda Cunningham, MPA, is responsible for hearing employee’s complaints, concerns, reports of problems, and for providing assistance in such matters as ADA, discrimination and/or harassment.

Assistant Vice Chancellor for Student Success & Academic Affairs, Philip D. Covington, EdD, is responsible for hearing student’s complaints, concerns, reports of problems, and for providing assistance in such matters as ADA, discrimination and/or harassment.

University representatives (e.g.: Vice Chancellors, Deans, Directors, Department Chairs, Directors, Managers and Supervisors) are responsible for assisting faculty, staff, and students in receiving appropriate responses to complaints or issues.

Faculty, staff, and students are encouraged to bring forward complaints, concerns, problems or issues regarding discrimination or harassment based upon protected status.

UNMC reserves the right to take appropriate action against prohibited discrimination and harassment affecting the work or academic environment in the absence of a complaint from an individual.

Sexual Misconduct which includes dating violence, domestic assault, domestic violence, rape, sexual assault, sexual harassment (including hostile environment and quid pro quo), and stalking is covered under UNMC Policy No. 1107, Sexual Misconduct.

Confidentiality

8.1 To the extent possible the investigation of complaints filed under this policy shall be kept confidential. Investigations may be limited by the information provided by the complainant and the complainant's willingness to pursue a formal complaint.

However, all persons involved in the complaint shall understand that UNMC is not precluded from conducting a thorough investigation and communicating with UNMC employees who have a need or right to know the findings of the investigation.

No Retaliation

9.1 There shall be no retaliation against individual employees or students who raise concerns. UNMC will not permit retaliation against any individual who, in good faith, files a complaint of discrimination or harassment on the basis of a person’s protected status or participates as a witness in an investigation. Those who engage in such retaliatory behaviors shall receive the appropriate discipline.

Individuals with compliance concerns or complaints should review the UNMC Policy No. 8001, Compliance Hotline, 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. Compliance Hotline: 844-348-9584.

Additional Information

• Employees, applicants for employment, or campus visitors may contact Linda Cunningham, MPA at 402.559.7394 or at lcunning@unmc.edu
• Students or applicants for educational programs and activities may contact Philip D. Covington, EdD at 402.559.2792 or at philip.covington@unmc.edu
• Employees, Students, Applicants, Campus Visitors - Title IX Inquiries may contact Jamie Wangler, MEd, UNMC Interim Title IX Coordinator at 402-552-2214 or jwangler@unmc.edu
• Non-Discrimination and Harassment - Procedures #1099
• University of Nebraska Board of Regents Policies
• University of Nebraska Regents Policy 2.1.8
• UNMC Policy No. 1107, Sexual Misconduct
• UNMC Student Sexual Misconduct Procedures
• UNMC Employee Sexual Misconduct Procedures
• UNMC Policy No. 8001, Compliance Hotline
• Statement of Understanding
• Compliance Hotline: 844-348-9584
• Americans with Disability Act and Section 504 Grievance Procedures – University of Nebraska
• Requests for Reasonable Accommodation under the American with Disabilities Act
• Lactation Support Program

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