UW-Whitewater
Discrimination Complaint Procedures
Any employee or student who was reason to believe that they have
been discriminated against in a University education program or
activity or in their employment may contact the Equal Opportunity
Officer in the Office of Human Resources. Discussion or complaint can
be verbal and informal; confidentiality can be preserved unless the
complaint becomes written and formal. Informal solutions may be agreed
to as an appropriate means to resolving an issue.
Procedure:
When any employee or student has reason to believe that they
have been harassed or discriminated against, they should contact the
Equal Opportunity Officer or designee.
The Equal Opportunity Officer or designee is prepared to discuss
the events, feelings or perceptions creating the concern. These
preliminary discussions are considered informal, however may lead to
other possible actions depending upon the facts presented and the
wishes of the offended individual. Identities of
complainants do not have to be made known without their prior approval
in the informal process.
Outcomes:
1.
No Action
a.
The offended individual decides against further action.
b.
The Equal Opportunity Officer or designee does not
consider further action appropriate.
2.
Informal Action
a.
Communicate with the alleged offending individual to
create awareness of issues and subsequent actions.
By request, the offended individual may remain anonymous.
The offending individual may have a third party present.
b.
Conduct specific education with offending individual or
department.
3.
Formal Action
a.
Formal actions are initiated with a written statement
that chronicles specific actions considered discriminatory with
details; including time, date, place situation and witnessing parties.
b.
Formal action may also commence if the informal action
does not stop the alleged discrimination or if the alleged
discrimination or harassment are judge by the Equal Opportunity Officer
or designee to be pervasive and severe enough to warrant formal
investigation.
c.
Anonymity can not be preserved for either party during
“Formal” action.
d.
Findings, conclusions and recommendations based on the
investigation will be completed in a timely manner with accommodation
to the academic calendar.
Detailed
(Formal) Process:
- This University follows EEOC and state
guidelines. To be timely, the complaint must be filed within 300 days
of the last incident complained about;
- Upon review of the initial facts, if the EO
Officer or designee concludes that, under the law, discrimination may
have occurred, an investigation will be carried out. If the Officer
concludes discrimination has not occurred, a written report of reasons
will be made to complainant.
- If an
investigation is commenced, the alleged offending individual will be
notified of the particulars of the complaint and will have time to
respond, not to exceed 20 days; complainant confidentiality cannot be
preserved at this time
- The time frame for findings, conclusions and
recommendations based on the investigation will be timely from time of
receipt of the written response to the EO Officer or designee.
Academic Breaks may be taken into consideration.
- If the complainant is satisfied with the EO
Officer's or designee’s recommendation, it will be submitted to the
Chancellor for consideration and decision. The Chancellor's decision,
which may include specific actions or recommendations for discipline,
is final within the institution. A party disciplined has resort to
normal appeal procedures by policy. At this point, the EO Office phase
of the case is closed.
- If the
complainant is not satisfied with the findings and recommendation,
within 10 days after receipt of the recommendation, a request for an
“Administrative Review” by the Equal Opportunity Committee should be
sent to the Chair or Co-Chair of the Equal Opportunity Committee, who
will convene the Committee.
- Within 30 days of receipt of the review
request, the Equal Opportunity Committee will be convened; review the
record and other originally presented documents, and render its
recommendations. If the Committee needs any further information to
clarify matters, the Chair will request it and receive it in
writing. The complainant will only be present at the request of
the Committee.
- The Committee will make its recommendations to
the Chancellor, who will make the final decision within 30 days.
- If the complainants are not satisfied with the
Chancellor's final decision, they can (1) request administrative review
by the U.S. Equal Employment Opportunity Commission in Milwaukee, WI. (2) or the Division of Equal
Rights of the Wisconsin Department of Employee Relations in Madison, WI.
- When Title VII issues are involved,
unsatisfied complainants can also request administrative review by the
Office of Civil Rights. When Title IX or Title VI issues are
involved, requests for review can be sent to the U.S. Department of
Education in Washington D.C..
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