Appeals And Grievances

APPEALS AND GRIEVANCES

Implementation of Non-Discrimination Statutes
Relative to University of Wisconsin-Whitewater Students

Source: The Civil Rights of 1964, Title IX of the Education Amendments of 1972 and Wisconsin Statute, s.36.12 provide collectively, and in part, that: No student may be denied admission to, participation in, or the benefits of, or discriminated against in any service, program, course or facility of the (UW) System or its institutions or centers because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital or parental status. The Title IX Coordinator for UW-Whitewater is the Assistant Vice Chancellor for Affirmative Action, phone 472-4672. Title IX specifically prohibits sex discrimination in educational institutions.

  • CRITERIA FOR DETERMINING WHETHER THE PROHIBITION ON DISCRIMINATION HAS BEEN VIOLATED.
    In determining whether discrimination in violation of s.36.12, Wisconsin Statutes or Title IX, has occurred, the UW-Whitewater through its Office of Affirmative Action (OAA), shall apply state and federal statutes, regulations, and case law relevant to the basis of discrimination being alleged, including but not limited to such legal materials and precedents as Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, American Disabilities Act, Wis. Stats. 101.223, Wis. Stats. 36.11(3)(a), the United States Constitution, the Wisconsin Constitution, and related regulations and case law. In any case where there is a question as to whether the action or conduct in question violates Wis. Stats. 36.12 or Title IX, the OAA shall consult with institutional legal counsel.

  • DEADLINE FOR FILING COMPLAINTS
    1. Complaints alleging a violation of Wis. Stat. 36.12 or Title IX, must be brought forward to the Assistant Vice Chancellor for Affirmative Action within 300 calendar days of the alleged violation.
    2. If a complaint is made informally and orally only, the appropriate response would be oral by way of discussion, guidance, mediation or other informal action. If a formal investigation is warranted or desired, the complaint shall be in writing.
  • PROCEDURES AND REMEDIES FOR VIOLATIONS
    1. The Affirmative Action Office (AAO) will be responsible for:
      1. Reviewing each complaint:
      2. Providing procedural advice and counsel to the complainant, including referring the complainant to another process, if appropriate (as for example, if the issues in question are more properly handled as a grade appeal or a general grievance).
      3. Conducting the initial investigation of complaints, including receiving written response(s) by the person(s) complained against.
    2. Where the Affirmative Action Office refers a complainant to another relevant complaint or grievance procedure, further action on the matter will be taken in accordance with that other procedure.
    3. Where the Affirmative Action Office retains jurisdiction and determines after investigation that no discrimination in violation of S. 36.12 or Title IX has occurred, the complaint will be dismissed by the AAO, and the complainant and any other interested parties will be so advised.
    4. Where the Affirmative Action Office determines after investigation that discrimination in violation of Wis. Stat. 36.12 or Title IX has occurred, the Affirmative Action Office may:
      1. Attempt to resolve the matter through mediation among the involved parties; or
      2. Recommend remedial action to eliminate the discrimination to the appropriate administrators; or
      3. Refer the matter for appropriate review and consideration of possible action under established disciplinary procedures, where misconduct by faculty, staff or students appears to be involved.
    5. The Affirmative Action Office will complete its investigation and make written findings of facts and recommendations within 30 working days of receipt of the written complaint.
    6. If the matter is referred for consideration of possible disciplinary action under paragraph 4 (c) above, the time limit and procedures for such disciplinary matters shall apply.
    7. If the AAO recommendations are accepted by the parties, that will be considered dispositive of the issues.
    8. If either party believes they have reason to appeal the findings or recommendations, they must do so within 10 working days of receipt. The appeal should be in writing, stating the basis and proposing alternatives to the recommendations and forwarded to the Assistant Chancellor for Student Affairs.
    9. The Assistant Chancellor for Student Affairs will review the record and any other information deemed pertinent and may also recommend and/or attempt an alternative resolution. If no resolution is achieved, the Assistant Chancellor will forward his/her recommendations to the Chancellor within 20 working days of receipt of appeal.
    10. The Chancellor will make the final decision within 20 working days. In all matters involving an alleged violation of Wis. Stats. 36.12 or Title IX, the Chancellor's decision shall be final, except that the Board of Regents may, consistent with the Bylaws of the Board of Regents of the University of Wisconsin System, conduct a review on the record.


As amended 1 June 1994


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