Doing nothing is always the wrong thing. All harassment concerns must be addressed. This does not mean that all incidents are handled at the same level, but that they should be dealt with effectively and appropriately. Example: "Betty" complains to her manager that "Alex" has been making remarks that are moderately offensive to her. The manager must see to it that Alex is informed that this behavior is causing a problem for someone, if not by the complainant then by the manager himself. Take the claim seriously, no matter how "improbable" or trivial you may think it may be. The worst thing you can do is assume that a complaint has no merit or is unimportant, and fail to do anything about it. OIE or human resources is available to help you determine the appropriate response necessary for a given situation.

Get help. People who work at Duke are among the best at what they do, whether it's teaching, providing patient care, providing services or technical skills, or doing research. Most people aren’t, however, trained in handling harassment complaints. Fortunately, harassment complaints are infrequent, and can usually be resolved informally. If you learn of a possible harassment matter, call the Office for Institutional Equity at (919) 684-8222 as soon as you can.

Do not assess credibility. When someone comes to you with a concern, do not judge the person’s credibility or begin to question the appropriateness of his or her actions. While you need enough information to understand the situation, it is important not try to determine whether the person is telling the truth, or whether he or she might have prevented the behavior complained of. Remain objective, and do not offer you opinion about the situation.

Never promise confidentiality, but do respect privacy. While it is important to respect the privacy of the individuals involved, it may not be possible to keep certain information confidential if a situation is serious enough that it must be acted upon. Please remember that as an agent of Duke, once you become aware of a situation, Duke as an institution is legally considered to be aware of the situation as well. You should explain to the person, however, that you will not share information except with those who need to know about it, and that you will not provide more information than needs to be shared.  It may be possible to withhold the name of the complainant, but if it is determined that the respondent must be told of the complaint, he or she will need to be given enough information to be able to understand what conduct is being complained of, and in order to have sufficient notice of what behavior is not to be repeated. It may be that the respondent will be given specific-enough information that he or she can figure out who has complained.

Assure the complainant that retaliation is prohibited under the  policy. Ascertain whether the complainant has any concerns that there will be negative consequences to the complaint, and ask him or her to inform you if retaliation occurs. Our experience has been, however, that respondents are unlikely to retaliate because of a harassment complaint

Address the complaint promptly but deliberately. Do not wait for a formal or written complaint. If a matter is serious enough, the institution is compelled to address the matter even if the complainant prefers that we not do so. In addition, it is important for the respondent to know as soon as possible if there is a complainant against him or her. Contact Human Resources or Institutional Equity promptly regarding what to do next.

Keep detailed documentation. Take careful notes about what the complainant tells you and what you have told the complainant. While it is not necessary for the complainant to write up or sign the complaint, it is helpful if you read back to the complainant what you have written about the complaint. Doing so not only helps you see whether you have properly understood the complaint, but can go a long way toward assuring the complainant that you have heard what he or she has said and that his or her concerns are being taken seriously.

Do not offer an opinion as to whether or not harassment has occurred, even if it seems obvious to you. Institutional Equity will address this question after analyzing the allegations and facts and careful interpretation of Duke’s harassment policy.

Caution about privacy. Often, parties to a complaint talk to many other people about the situation, which can cause great harm to the other party and make the situation worse for all involved. Advise the parties about respecting each other’s privacy and be sure to remind all parties not to discuss the matter except with those who "need to know", e.g., you, a dean, a director, human resources or Institutional Equity.

Provide information about available resources: Give both parties information about available resources. Provide both the complainant and respondent with a copy of the Harassment Policy at Duke Overview brochure available from our office or on the web at: (http://dukeoie.org/har_har_pol_overview.htm). As a rule, both parties experience great distress in harassment matters, and it is advisable to routinely provide both parties with information about Personal Assistance Service or CAPS (put links here). Please refer to (put in link to PAS’s Supervisor’s brochure here) for more information about how to refer someone to PAS. If the situation might involve a criminal matter, be sure to advise either party that he or she has a right to contact Duke or Durham police.

Protect the well-being of both parties. Besides providing information about counseling, consult with Human Resources or Staff & Labor Relations about the possibility of using measures such as administrative leave for either or both parties if doing so might be indicated. In addition, speak to Duke Police if anyone’s safety may be in question.

Do not promise a particular result. While we want to know what the complainant wants to happen, and his or her wishes are taken into account, they do not necessarily determine how the case will be handled. He or she may want the institution to do more—or less—than we determine is appropriate for the particular circumstances of the case. For example, a complainant may ask that "nothing be done," but if honoring this request allows harassment to continue, we cannot accommodate that request. Occasionally, a complainant will demand that the respondent be fired or severely disciplined for conduct that we do not believe merits that level of corrective action.

Provide ample documentation:


Frequently Asked Questions: