Division:

Human Resources (HR)

Title:

Standard Operating Procedures

Procedure:

GRIEVANCE, UNLAWFUL WORKPLACE HARRASSMENT COMPLAINT GUIDELINES

Original Effective Date:

 

Revised Effective Date:

9/10


Unlawful Workplace Harassment Complaint  Guidelines 

Step1 -  Division/Facility/School Director

All complaints must be written, signed, dated and  submitted to employing division/facility/school within thirty (30) calendar days of the alleged harassment based on age, gender, race, color, national origin, religion, creed, political affiliation or handicapping condition. (Note:   Please refer to your Division/Facility/School Policy.)  Any employee (former or current, regardless of appointment type) who alleges unlawful harassment must follow the procedures written in the Unlawful Workplace Harassment policy.  A Grievant must follow DHHS Directive III-8 if alleging grievable issues thereunder or the Department’s internal investigative process for non-grievable harassment issues.

The complainant may bypass any steps that would require a decision by the alleged harasser.

For issues that are not grievable under Directive III-8, management should ensure that a prompt and impartial investigation is conducted. (Administrative Investigation Guideline)

A written response from the division/facility/school director or designee must be submitted to the grievant within sixty (60) calendar days from receipt of the written complaint alleging unlawful workplace harassment. The division/facility/school director’s response serves as the DHHS Final Agency Decision and affords the grievant with the appeal rights.

Step 2 - OAH/SPC  

If not satisfied with the division/facility/school director’s response, the grievant may appeal directly to OAH/SPC within thirty (30) calendar days of the division/facility/school director’s response.

Office of Administrative Hearings
424 North Blount Street
Mail Service Center 6714
Raleigh, North Carolina 27699-6714

WEBSITE RESOURCES:
 
 State Personnel Policy, Unlawful Workplace Harassment
 http://www.osp.state.nc.us/manuals/manual99/wkplhs.pdf