WHAT IS DUKE'S POLICY ON RETALIATION?

Retaliation refers to taking an adverse action or engaging in some other form of negative treatment towards someone in response to the following:

  • Reporting protected class-based1 discrimination or harassment;
  • Participating or refusing to participate in Duke's complaint process in response to discrimination or harassment complaint;
  • Opposing what an individual reasonably believed to be discrimination, harassment, or related misconduct; or
  • Making a good faith request for religious or disability accommodations.

Learn more:

What Are Some Examples of RETALIATION?

  • Label an employee a "problem" and denying a promotion because the employee openly opposed religious harassment in the workplace.
  • Terminating an employee because the employee participate in an investigation regarding age discrimination.
  • Denying tenure because  a faculty member reported a department's discriminatory hiring practices.
  • Removing a faculty member from committees because the faculty member requested disability accommodations.
  • Docking a student's grade because the student wrote an article criticizing a university donor known for engaging in racist practices.
  • Refusing to list a graduate student as co-author on a paper because the student rebuffed the principal investigator's sexual advances.
  • Disciplining an employee because they raised an issue of concern to the senior leadership.

What’s Not Considered RETALIATION?

  • Actions that are taken for a legitimate purpose.
  • Presentation of sexually explicit material as part of a theatrical presentation
  • Perceptions of unfair treatment generally; for example, disagreement or dissatisfaction with the way a supervisor manages an employee’s work

1Protected classes include age, color, disability, gender, gender expression, gender identity, genetic information, national origin, race, religion, and sex (including pregnancy, sexual orientation, or military status).

Need Help?

Individuals are encouraged to report allegations of discrimination to OIE. Someone from OIE will contact the complainant to offer supportive measures, and to identify the appropriate action to respond to the report. Learn about available resources below or download a helpful flyer.

Image
Flyer listing confidential and non-confidential reporting options at Duke

Confidential Resources

Confidential resources will not share information about a report without the individual’s express written permission unless there is a continuing threat of serious harm to the Complainant or to others or there is a legal obligation to reveal such information (e.g., suspected abuse or neglect of a minor). These individuals can also help an individual make a report to the University.

Non-Confidential Reporting Options

If you report concerns to a Non-Confidential Reporting Option, someone will reach out to you to provide information regarding resources, support, and how to file a complaint. You are not required to respond. You do not need to file a complaint to receive support.

What Happens Next?

If you report concerns to a Non-Confidential Reporting Option, someone will reach out to you to provide information regarding resources, support, and how to file a complaint. You are not required to respond. You do not need to file a complaint to receive support.

A Confidential Resource will not share any information you disclose to the Office for Institutional Equity.


Reporting an Incident

Use the confidential online Incident Reporting tool to provide OIE with preliminary information concerning incidents of protected status harassment, discrimination and related misconduct involving students, faculty, or staff. OIE will respond to all submissions regardless of the nature of the report, and will forward it to the office responsible for addressing it, as appropriate. Though the form may be submitted anonymously, Duke University cannot provide supportive measures (such as academic accommodations, no-contact orders, safe housing options, changes of work schedules) with anonymous submissions. In addition, anonymous reports may also impact the University's ability to investigate and/or take disciplinary action.

  • Applies to anyone enrolled at or employed by Duke University or Duke University Health Systems as well as visitors, applicants, and patients.

All Duke faculty, other employees (including gradate students) with teaching or supervisory authority, Student Affairs professionals, HR representatives/managers, Athletic staff, and other Responsible Employees are required to share information about suspected harassment with OIE. Reports involving employees or students can be made to OIE. Individuals who are not required to report are nonetheless encouraged to consult OIE.

Report an Incident