Comment Period for the Policy on Prohibited Discrimination, Harassment and Related Misconduct

In anticipation of the August 14, 2020 deadline to implement the federal Title IX regulations, the University convened a Working Group and three subgroups (student, faculty/staff and evidentiary issues) composed of representatives from the Office for Institutional Equity, the Provost’s Office, Student Affairs, Office of Counsel, and Human Resources to perform a holistic review of the Policy on Prohibited Discrimination, Harassment and Related Misconduct, the Student Sexual Misconduct Policy and the corresponding procedures during the spring.

The Working Group conferred with outside legal experts and consulted with leadership, student government, and various other constituent groups. The result was the creation of one single umbrella policy and three corresponding procedures. The revised Policy on Prohibited Discrimination, Harassment and Related Misconduct, Title IX Sexual Harassment Grievance Procedures, the Complaint Handling Procedures Involving a Faculty and Non-Faculty Staff as a Respondent, and the Complaint Handling Procedures for Harassment and Discrimination Matters Involving a Student as a Respondent were posted for public comment and feedback from August 12-14, 2020.

As a result of the public feedback, the policy and procedures were revised to clarify and improve processes, and to integrate the new Title IX federal regulations. A second public comment and feedback period was opened and closed on February 12, 2021. The Working Group will reconvene to review the feedback and to consider other issues that have arisen since August that need to be addressed. We appreciate your interest and dedication to this critically important process.

The Policy on Prohibited Discrimination, Harassment and Related Misconduct and the three corresponding procedures that apply to students, faculty and staff are available below.

 

Jump to a section:

The Policy | Procedures on Prohibited Discrimination, Harassment, and Related Misconduct | Consensual Relationship Policy | Equal Opportunity Policy & Statement | Nondiscrimination Statement | Title IX Statement

 

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Policy on Prohibited Discrimination, Harassment, and Related Misconduct

Adopted: August 14, 2020

Policy on Prohibited Discrimination, Harassment, and Related Misconduct

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Procedures on Prohibited Discrimination, Harassment, and Related Misconduct

Adopted Procedures: August 14, 2020

• Title IX Sexual Harassment Grievance Procedures
• Procedures for Responding to Discrimination and Harassment Reports Involving Student Respondents
• Procedures for Responding to Discrimination and Harassment Reports Involving Duke Faculty and Non-Faculty (Staff) Respondents

Please refer to the Student Conduct webpage for more specific matters involving students at Duke.

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Visit our FAQ about the new federal Title IX guidelines and how they apply to Duke policies and procedures

 

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Consensual Relationship Policy

Duke’s Policy on Consensual Relationships aims to avoid problems of interest, exploitation, and favoritism that may arise from employee relationships and faculty-student relationships. It also helps ensure that each member of the Duke community is treated with dignity and without regard to any factors that are not relevant to that person’s work.

Adopted: March 2002
Consensual Relationship Policy

Please note that the section of the Policy on faculty relationships with students has been replaced by Appendix Z of the Faculty Handbook maintained by the Office of the Provost.

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Equal Employment Opportunity Policy

PDF version of Duke Equal Employment Opportunity Policy

The Duke Equal Employment Opportunity Policy applies to both Duke University and Duke Health and is maintained and reviewed by Duke’s Office for Institutional Equity. The first paragraph of this Policy is referred to as the Duke Equal Opportunity Statement. This statement, or a link to it, must be incorporated in all job postings and job advertisements. Last reviewed: 7/30/2019.

Duke University is an Affirmative Action/Equal Opportunity Employer committed to providing employment opportunity without regard to an individual's age, color, disability, gender, gender expression, gender identity, genetic information, national origin, race, religion, sex, sexual orientation, or veteran status. Duke also makes good faith efforts to recruit, hire, and promote qualified women, minorities, individuals with disabilities, and veterans.

In accordance with Title IX of the Education Amendments of 1972, Duke prohibits discrimination based on sex. Sexual harassment is a form of sex discrimination. Duke has designated a Title IX coordinator in the Office for Institutional Equity. The Office for Institutional Equity is located in Smith Warehouse, 114 S. Buchanan Blvd., Durham, North Carolina 27708. The Office telephone number is 919-684-8222. Questions or concerns regarding Title IX, harassment or discrimination may be directed to the Office for Institutional Equity.

Equal Employment Opportunity Statement

PDF version of Duke Equal Employment Opportunity Statement

The Duke Equal Employment Opportunity Statement applies to both Duke University and Duke Health and is maintained and reviewed by Duke’s Office for Institutional Equity. This statement, or a link to it, must be incorporated in all job postings and job advertisements. Last reviewed: 7/30/2019.

Duke is an Affirmative Action/Equal Opportunity Employer committed to providing employment opportunity without regard to an individual's age, color, disability, gender, gender expression, gender identity, genetic information, national origin, race, religion, sex, sexual orientation, or veteran status.

Duke aspires to create a community built on collaboration, innovation, creativity, and belonging. Our collective success depends on the robust exchange of ideas—an exchange that is best when the rich diversity of our perspectives, backgrounds, and experiences flourishes. To achieve this exchange, it is essential that all members of the community feel secure and welcome, that the contributions of all individuals are respected, and that all voices are heard. All members of our community have a responsibility to uphold these values.

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Nondiscrimination Statement

PDF version of Duke Nondiscrimination Statement

The Duke Nondiscrimination Statement applies to both Duke University and Duke Health and is maintained and reviewed by Duke’s Office for Institutional Equity. Last reviewed: 8/5/2022.

Duke is committed to encouraging and sustaining a learning and work community that is free from prohibited discrimination and harassment. The institution prohibits discrimination on the basis of age, color, disability, gender, gender identity, gender expression, genetic information, national origin, race, religion, sex, sexual orientation, or veteran status, in the administration of its educational policies, admission policies, financial aid, employment, or any other institution program or activity. It admits qualified students to all the rights, privileges, programs, and activities generally accorded or made available to students.

Sexual harassment and sexual misconduct are forms of sex discrimination and prohibited by the institution. Duke has designated the Vice President for Institutional Equity and Chief Diversity Officer as the individual responsible for the coordination and administration of its nondiscrimination and harassment policies. The Office for Institutional Equity is located in Smith Warehouse, 114 S. Buchanan Blvd., Bay 8, Durham, North Carolina 27708. Phone: 919-684-8222

Questions or comments about harassment or discrimination can be directed to one of the following administrators in the Office for Institutional Equity:

Discrimination in employment or educational programs and activities:

Cynthia Clinton, AVP Harassment and Discrimination Prevention and Compliance
Title IX Coordinator
Office for Institutional Equity
114 S. Buchanan Blvd., Bay 8
Durham, NC 27708
919-684-8222

Sex discrimination in educational programs or activities:

Adrienne Allison, Deputy Title IX Coordinator for Students, Compliance Investigator
Office for Institutional Equity
114 S. Buchanan Blvd., Bay 8
Durham, NC 27708
919-684-8222

Additional information, including the complete text of Duke’s Policy on Prohibiting Discrimination, Harassment and Related Misconduct and appropriate complaint procedures, may be found here. For further information visit the U.S. Department of Education Office for Civil Rights, or call 1-800-421-3481.

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Title IX Statement

PDF version of Duke Nondiscrimination Statement

The Duke Title IX Statement applies to both Duke University and Duke Health and is maintained and reviewed by Duke’s Office for Institutional Equity. Last reviewed: 8/5/2022.

Pursuant to Title IX: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance…”, Title IX Education Amendments of 1972, 20 USC 1681 et seq.

Title IX and its implementing regulations prohibit sex discrimination in education programs or activities receiving federal funds. Some of these programs and activities include: admissions, recruitment, financial aid, academic programs, athletics, housing and employment. Title IX also protects students and employees from unlawful sexual harassment, including sexual violence. Title IX protects both men and women from sexual harassment, regardless of who is the harasser.

Duke, as a recipient of federal funds, has an obligation to operate in a nondiscriminatory manner. More important is Duke’s own mandate of equal opportunity, inclusiveness and nondiscrimination in work and learning. The Office for Institutional Equity supports Duke in its compliance and enforcement efforts by serving as an integral resource for Title IX issues. The Office for Institutional Equity partners with all departments and offices to assist in their Title IX compliance efforts.

The Office for Institutional Equity also provides assistance by serving as an entry point for many Title IX complaints of discrimination, including sex-based harassment, sexual harassment, and sexual misconduct, including sexual violence. The objective in the complaint handling process is to resolve the complaint as quickly as possible and in a fair and appropriate manner. Important components of the process include ascertaining the basis for the complaint and examining strategies or tools for its resolution. The complaint handling process may include an inquiry as to whether an objective, factual basis exists to support the allegation.

Complaints or concerns related to Title IX can be directed to:

Cynthia Clinton
Assistant Vice President for Harassment & Discrimination Prevention and Compliance/ Title IX Coordinator
Office for Institutional Equity Smith Warehouse, Bay 8 Box 90012
Durham, NC 27708

One of OIE’s principal objectives under Title IX, Title VII (prohibiting discrimination based on sex and other bases in employment), and Duke’s policies is preventing and responding to instances of sexual misconduct, including sexual violence, in order to create and maintain a welcoming learning and working environment. It is our responsibility to ensure compliance with federal law by demonstrating that our programs are operated in a manner consistent with Title VII and Title IX regulations and provisions, as well as the Violence Against Women Act. Cynthia Clinton is the Title IX Coordinator at Duke University and Duke University Health System. In this capacity, Ms. Clinton is responsible for the administration and coordination of Duke's Title IX-related policies, programs, and compliance efforts. The scope of this responsibility includes, among other things, oversight of complaint resolution, resources, communications, and training in connection with federal prohibitions of discrimination based upon sex or gender, including sexual harassment and sexual violence. Contact Cynthia Clinton by email at titleix@duke.edu or call 919-684-8222.

At the federal level, Title IX is primarily enforced by the Office for Civil Rights (OCR) of the U.S. Department of Education. This federal office is responsible for ensuring that educational institutions receiving federal funds comply with Title IX. The primary OCR enforcement activity is the investigation and resolution of complaints filed by people alleging discrimination prohibited by Title IX or one of the other laws enforced by OCR. OCR may also self-initiate reviews of selected educational institutions. Through these reviews, OCR can identify and remedy discrimination which may not be addressed through complaints.

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