Initiating body:	Office for Diversty and Affirmative Action
Contact:	Director for Diversty and Affirmative Action, 438-3383
Revised on:	08/2008

1.2 Grievance Procedures - Equal Opportunity/Affirmative Action

Policy

As members of the University community, students, faculty, administrators, and staff have the responsibility to respect and not violate the rights of others and to show tolerance for opinions that differ from their own. However, nothing in this policy prohibits appropriate admonition, argument, and correction by a teacher in the conduct of his/her professional responsibility in the interest of maintaining order, upholding standards, stimulating thought, or promoting competence. Such action is, by definition, not a violation of this policy. Likewise, nothing in this policy precludes management’s inherent authority to plan, direct and evaluate the activities of other organizational members in accordance with sound management principles and directives, including communicating, training and disciplining employees.

Harassment based upon race, color, religion, sex (including sexual harassment), national origin, sexual orientation, gender identity and exprsesion, age, disability or veteran status is a form of discrimination in violation of the law and will not be tolerated.

Retaliation against any person alleging harassment or exercising their legal right to have their allegation investigated (either internally or externally) is prohibited by law and/or this policy and will not be tolerated.

All students, faculty and staff are expected to adhere to this University policy and will be held accountable for violating it. Illinois State University will respond promptly to all complaints of harassment and retaliation. Violation of this policy can result in serious disciplinary action up to and including expulsion for students or discharge for employees.

Disciplinary action for violations of this policy is the responsibility of the Illinois State University Office of Human Resources or other appropriate administrative body, or for students, the Dean of Students.

 

Definitions

Harassment is uninvited and unwelcome verbal or physical conduct directed at a person because of his or her race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity and expression, or group affiliation that is either of the following:

Quid Pro Quo harassment consists of unwelcome conduct when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic advancement or receipt of a university service, and

• a tangible employment, academic or provision of services action results from the person’s failure or refusal to submit to such conduct.

Hostile Environment harassment consists of unwelcome conduct when:

• such conduct has the effect of unreasonably interfering with an individual’s work or academic performance, thereby creating an intimidating, hostile or offensive working or learning environment, and

• such conduct is so objectively and subjectively offensive as to alter the conditions of the person’s employment or academic advancement [conduct that a reasonable person would find hostile or abusive and one that the victim does in fact perceive to be so]. Hostile environment harassment is usually repeated and unwanted behavior, although a sufficiently serious, isolated incident may constitute harassment.

Retaliation is conduct intended as interference, coercion, restraint or reprisal upon or against a complainant of prohibited harassment or one participating in the complaint resolution process

The “complainant” is the party asserting an allegation of prohibited harassment against a specific person or persons.

A “respondent” is a party against whom an allegation of prohibited harassment is asserted

Filing a Charge of Harassment

Any student, faculty member, or employee who feels he/she has been the victim of harassment or other form of discrimination on the basis of race, religion, sex, national origin, sexual orientation, gender identity and expression, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military, or status as a disabled veteran or veteran of the Vietnam Era should follow the complaint procedures outlined below. Consistent with Illinois State University’s duty to provide a work and academic environment free from unlawful harassment or discrimination, the University reserves the right to investigate any allegation of harassment or discrimination upon receipt of sufficient evidence to sustain such claims.

Formal & Informal Complaint Process

• Complainants will be asked to complete a form describing the alleged discrimination and/or harassment. Assistance will be provided, if needed.

• To be actionable, a complaint must be filed within 180 days of the most recent incident.

• The complainant will meet with an investigator from the Office for Diversity and Affirmative Action to discuss options (informal, mediation, formal) for proceeding.

Dispute Resolution Options

• Informal Resolution. Discuss allegations and concerns with accused and attempt to resolve the situation without a formal investigation. Accused is put on "notice." If attempts to resolve the situation are not successful, the complainant may pursue mediation or a formal complaint.
• Mediation. A process that enables the parties to work toward a mutually agreed upon solution with the help of a trained, neutral mediator. If attempts to mediate are not successful, the complainant may pursue a formal complaint.
• Formal Resolution. A full investigation is conducted, complete with findings.

The Office for Diversity and Affirmative Action will notify the person being charged that a complaint has been filed against him or her. The Office for Diversity and Affirmative Action will offer the charged party an opportunity to confirm or rebut the charge. If appropriate, the Office will conduct negotiations with both parties and try to reach a mutually agreeable resolution.

• Under such circumstances wherein a violation of a policy has occurred, the Office for Diversity and Affirmative Action may issue an oral or written warning, require that the accused not commit such an abuse again, impose mandatory counseling on the individual who violated the policy, or take any other sanction which appropriately reflects the severity of the violation of the policy. The respondent may appeal a sanction according to the Appeals Process described below.

• The Office for Diversity and Affirmative Action has sixty (60) working days from the date of filing the formal complaint to complete findings, if applicable. The Office reserves the right to extend this time by a reasonable period according to the scope of an investigation or the cooperation of parties and witnesses. Complainant will be notified of this extension.

Appeals Process

If, in the judgment of the Office for Diversity and Affirmative Action, a violation did not occur, the complainant will be so advised and given a verbal explanation of why the incident(s) described does not constitute discrimination on the basis of race, color, religion, sex, national origin, sexual orientation, gender identity and expression, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military, or status as a disabled veteran or veteran of the Vietnam Era.

If the complaining party or respondent wishes to appeal the Office for Diversity and Affirmative Action’s finding or if the proposed resolution is unacceptable, he or she may file an appeal with the appropriate internal grievance committee (Student Code Enforcement and Review Board Grievance Committee, Civil Service/Office of Human Resources, Administrative/Professional Grievance Committee, or Faculty Ethics and Grievance Committee of the Academic Senate).

At any time prior to filing a complaint, or while a formal proceeding is in progress, a complainant may file their charge with the appropriate external agency(ies).

External Entities for Resolution

United States Department of Education
Office of Civil Rights (Chicago District Office)
111 North Canal Street,
Chicago, IL 60606-7204
312-886-8434 (v) 312-353-2540 (TTY)

United States Department of Justice
Disability Rights Section
P.O. Box 66738
Washington, D.C. 20035-6738
202-307-0663 (v and TTY)

United States Department of Labor
Office of Federal Contract Compliance Programs (Chicago District Office)
Kluczynski Federal Building
230 South Dearborn Street
Room 570
Chicago, IL 60604
312-353-0335

United States Equal Employment Opportunity Commission
Chicago District Office
500 W. Madison Street
Suite 2800
Chicago, IL 60661-2511
312-353-2713 (v) 312-353-2421 (TTY)

Illinois Department of Human Rights
James R. Thompson Center
100 West Randolph Street, Suite 10-100
Chicago, Illinois 60601
312-814-6200 (v) 312-263-1579 (TTY)

Illinois Department on Human Rights
222 South College,  2nd Floor
Springfield, Illinois 62704
217- 785-5100 (v) 217-785-5125 (TTY)

Normal Human Relations Commission
100 E. Phoenix Ave.
Normal, IL 61761
454-2444

McLean County State’s Attorney’s Office
104 W. Front Street
Bloomington, IL 61701
888-5400

Right to Final Appeal

Final appeals shall be made to the President of Illinois State University.

The President shall decide the appeal as soon as possible, but no later than, 60 days of the final submission of appeal materials. The President’s decision shall be in writing, shall include an explanation, and shall be submitted to the complainant, the respondent, and the Office for Diversity and Affirmative Action. This written decision on the appeal shall constitute the final administrative action.

Record Keeping

A copy of the disposition must be filed with the Office for Diversity and Affirmative Action regardless of whether the disposition results from the hearing process or from informal resolution within the jurisdiction of a grievance committee.

Transfer of Function

If a complaint, whether informal or formal, is directed against the Office for Diversity and Affirmative Action, the functions assigned to the office by these procedures will transfer to the Office of the President or to the President's designee. If a complaint, whether informal or formal, is directed against the President, the functions assigned to the office by these procedures will transfer to the Illinois State University Board of Trustees

Right to Advisor or Legal Counsel

The complainant and the respondent have the right to bring an advisor or legal counsel. If either party chooses to exercise this option, he or she shall submit the name of the advisor in writing to the Office for Diversity and Affirmative Action at least 72 hours prior to the meeting. If either the complainant or the respondent's advisor is a person degreed or qualified in law, the Office for Diversity and Affirmative Action must be notified of such.

Confidentiality

While confidentiality cannot be guaranteed, everyone involved in a harassment complaint is expected to treat all information given or received in connection with the filing, investigation, and resolution of allegations as confidential except to the extent it is necessary to disclose particulars in the course of the investigation or when compelled to do so by law. All individuals involved in the process, including the complainant and respondent should observe a high level of discretion and respect for the reputation of everyone involved in the process.