Discrimination Complaint Procedures
Any employee or student who has 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.
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.
- No Action
- The offended individual decides against further action.
- The Equal Opportunity Officer or designee does not consider further action appropriate.
- Informal Action
- 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.
- Conduct specific education with offending individual or department.
- Formal Action
- Formal actions are initiated with a written statement that chronicles specific actions considered discriminatory with details; including time, date, place situation and witnessing parties.
- 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.
- Anonymity can not be preserved for either party during "Formal" action.
- 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..