Policy Number: 173

 

DISCRIMINATION COMPLAINT PROCEDURES

 

STATEMENT OF PURPOSE

 

Eastern Illinois University has established the following complaint procedures to demonstrate its commitment to non-discrimination on the basis of sex, race, age, national origin, sexual orientation, religion, disability, or status as a Vietnam veteran.  These procedures also fulfill obligations established by statute.

 

DISCUSSION AND RESPONSIBILITIES

 

Any member of the University community, who believes he/she has been discriminated against on the basis of age, sex, race, color, sexual orientation, national origin, religion, disability, or status as a Vietnam veteran, may file a complaint under these procedures.

 

These procedures do not supersede any provisions set forth by an applicable collective bargaining agreement.

 

No retaliation may be taken against any employee or student of the University who seeks redress under this procedure.  Retaliatory action shall be regarded as a separate and distinct cause of complaint under these procedures.

 

The confidentiality of information presented by all parties will be observed except in those instances when it interferes with the ability of the University to investigate the allegation(s) and take necessary corrective action.

 

Complaints filed against the President will be referred to the Chairperson of the Board of Trustees.

 

In the case of complaints filed against Vice Presidents or the Director of Civil Rights, the President shall substitute for the "appropriate Vice President" in steps 6, 7, and 8 below.  For complaints against other persons in the President's area, the President shall designate an "appropriate Vice President" for steps 6, 7, and 8 below.

 

The Office of Civil Rights is responsible for conducting the investigation of complaints and preparing an Investigative Report.  Upon reviewing the Investigative Report, the appropriate Vice President is responsible for making the decision on whether disciplinary action is necessary.

 

PROCEDURES

 

All employees and students are encouraged to come forward with any concerns regarding discrimination.  Initially, the party seeking assistance will be asked to complete an in-take form which will include a brief description of the allegations of discrimination.  There are both informal and formal procedures for addressing concerns.  Determining how a specific concern will be addressed will depend on the facts involved and the wishes of the complainant.

 

When circumstances warrant, the Director of Civil Rights may implement an immediate, temporary remedy while the fact-finding process is underway.

 

INFORMAL MEDIATION PROCESS

 

The Director of Civil Rights or his/her designee will, with the consent of the parties involved, arrange for information to be shared between the parties regarding applicable issues and appropriate remedies.  Through this process, the parties may agree on a resolution, however, each party retains the right to ratify or reject any proposed agreements.

 

FORMAL FACT-FINDING PROCESS

 

A complainant shall submit a complaint in writing to the Office of Civil Rights, 108 Old Main, stating the nature of the alleged discrimination and the nature of the remedy desired.

 

Complaints should be submitted as soon as possible after the alleged discrimination has occurred in order to permit prompt and equitable resolution.

 

The consideration of a complaint, including investigation of the positions of the persons involved, attempts at informal resolution, and the formulation of a final decision ordinarily will be completed within eight calendar weeks, exclusive of holidays, after receipt of a complaint.  If consideration cannot be completed in the eight-week interval, the complainant, and other parties as appropriate, will be notified as to the delay.

 

The following steps will be taken to resolve complaints that are filed with the Office of Civil Rights:

  1. An in-depth interview will be conducted by a member of the Office of Civil Rights staff with the complainant.

  2. The Civil Rights staff member will inform the person(s) against whom the complaint is being filed, and will also interview that person to ascertain their response to the complaint.

  3. The Civil Rights staff member will conduct interviews with the complainant, respondent, and/or both to provide an opportunity for resolution of the complaint.

  4. Further investigation may be conducted by the Civil Rights staff member, including interviewing witnesses, confirming information and seeking additional information and/or documentation.  In conducting the investigation, the Civil Rights staff shall have unrestricted access to all pertinent material, records, reports and documents in possession of any University personnel and shall be afforded the opportunity to interview all persons possessing relevant information.

  5. When the investigation is completed, a confidential Investigative Report will be prepared by the Office of Civil Rights.  This will include a summary of the allegations and the response of the accused party, a summary of any statements by witnesses, a summary of the findings of fact, conclusions about the allegations, and recommendations for further action.  The confidential report will be submitted to the appropriate Vice President, with a copy to the President.

  6. If the Vice President determines that further information is needed to make a decision, he/she will request the Director of Civil Rights to conduct follow-up and/or additional interviews.

  7. The Director of Civil Rights, the appropriate Vice President, and relevant supervisory personnel will then review the Investigative Report and the Vice President will make a decision on the complaint.

  8. A written report, setting forth the Vice President's decision on the basis of the evidence gathered during the investigation, will be sent to the Office of Civil Rights for dissemination.  In the event the Director of Civil Rights determines that further consideration should be given to the complaint, the matter will be referred to the President for consultation before the Vice President's decision is communicated to either party by the Director of Civil Rights.

  9. Either party may appeal the Vice President's decision to the President.  The President's decision is final.

If discrimination is found to likely have occurred, administrative action will be initiated by the appropriate Vice President.  If disciplinary action is proposed as a result of a finding of discrimination, procedures required under relevant collective bargaining agreements, Board of Trustees Regulations, or the State Universities Civil Service Statute and Rules will apply.

 

If a finding of probable discrimination is made in a complaint concerning a student grade adjustment, it may be used in the University grade appeal process in determining whether or not a grade adjustment is warranted.

 

Approved:
President
July 30, 1997

 

Monitor: President