Harassment occurs when behavior, that is severe or persistent, significantly interferes with an individual's work or education, or adversely affect an individual's living conditions. The conduct alleged to constitute harassment is evaluated from the perspective of a reasonable person. Duke's policies also prohibit retaliation because an individual comes forward with a concern or complaint of harassment or discrimination.
It is not unsual to consider issues of harassment merely from the perspective of sexual harassment. However Duke's harassment policy is more comprehensive and prohibits harassment, not only on the basis of sex, but also on the basis of the following:
 Race
Color
Age
Disability
Sexual orientation or preference
Country of national orgin
Religion
Our harassment policy goes further than the scope recognized by law and some other “sexual harassment” policies. Duke’s policy also prohibits harassment based upon an individual’s sexual orientation or gender identity. Harassment of any kind is prohibited. As a diverse community of Duke staff, students and faculty, it is essential that we remain aware of and sensitive to creating and maintaining work and learning environments that are respectful and inclusive.
Examples of what might be prohibited harassing behavior include:
At the beginning and end of class, two of your classmates openly tease and
joke about your race. They describe your features in stereotypical terms
and make offensive comments about your culture. When engaging in class
discussions, they speak in a way that jokingly exaggerates your
non-English accent. You are starting to feel anxious and tense about
going to this class.
A colleague persists in encouraging you to date him even though you have told him no and requested that he not ask you out anymore.
During a performance evaluation or meeting, your manager pressures you to discuss the details of your romantic life and shares intimate details of his romantic life. He makes it clear that your performance evaluation is connected to these conversations.
Your co-workers and supervisor consistently make fun of your disability. They leave offensive notes in your work area and openly use insulting terms when referring to you. You have asked them to stop on multiple occasions, but they continue.
Sometimes conduct is discourteous or causes you to feel disconcerted. Some individuals may act in a manner that is insensitive or disrespectful. Examples of these behaviors include:
Some of your classmates tease you about the way you look.
A co-worker criticizes your work and contributions in a manner that is disrespectful and non-productive.
You overhear an offensive joke or comment.
While these behaviors may not rise to the level of harassment and violate the harassment policy, they should still be addressed. If you are comfortable doing this, speak directly with the person who engaged in the unsettling behavior. Remember to do so in a manner that is respectful and communicates how the behavior made you feel and how it might affect our community climate and culture.
If you prefer not to approach the person directly, there are still several ways you can get help. You can contact your manager or supervisor, Human Resources Staff and Labor Relations, Personal Assistance Service, the department chair, the dean or the faculty ombudsperson about the situation. If you are a student, some available resources are your Residence Coordinator or Residence Advisor, the department chair, the school dean, the Office of Student Affairs or Counseling and Psychological Services (CAPS).
Whether the behavior conforms to the definition of harassment is not as important as promptly getting help. |
