Illinois State University Policy Web Site

Initiating body: Office for Diversty and Affirmative Action
Contact: Director for Diversty and Affirmative Action, 438-3383
Revised on: 09/01/2000

1.1.2 Grievance Procedures - Equal Opportunity/Affirmative Action

Grievance Procedures

Any student, faculty member, or staff employee who feels he or she is the victim of harassment or other form of discrimination on the basis of race, religion, sex, national origin, sexual orientation, 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 grievance 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.

Filing Process

  • Complainants will be asked to complete a form describing the alleged discrimination and/or harassment. Assistance will be provided, if needed.
  • A complaint should be filed within 300 days of the most recent incident. (Note: Certain federal agencies have shorter statutes of limitations. Please call the Office for Diversity and Affirmative Action for more information.)
  • The complainant will meet with a representative from the Office for Diversity and Affirmative Action to discuss options (informal, mediation, formal) for proceeding.

    Options:

    • Informal. 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. 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 this 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.
  • After meeting with an Office representative, the complainant has ten (10) working days to notify the Office for Diversity and Affirmative Action of which option he or she wishes to pursue (may be extended under extenuating circumstances). A request for an extension must be submitted in writing at least one day before the deadline and must include the reason for request.
  • The Office for Diversity and Affirmative Action has forty-five (45) 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.

Confidentiality

Illinois State University has a duty to ensure an educational and work environment free from prohibited harassment and discrimination. In order to administer effectively its responsibilities, the University has a right to gather information regarding allegations of a violation of Illinois State University policy. Some information discussed may be of a sensitive nature. Therefore, the University will hold in the strictest of confidence any facts shared, except for limited occasions. Below are some examples of exceptions to confidentiality:

  1. If we are required by law to report such information (ie: child abuse, threats of imminent physical harm, court order).
  2. If others in a supervisory position must know or be made aware of certain facts in order to further an investigation or to halt a discriminatory practice.
  3. Sufficient information may be given to a respondent in order for him or her to answer and/or rebut the allegations.

These exceptions are merely illustrative and are not meant to be an exhaustive list.

Note: Those involved (the respondent, the complainant, and the witnesses) have privacy interests. Therefore, outside the scope of the investigation, all parties are cautioned not to publicize or divulge the nature of the proceedings, or the identity of those involved.

Protection Against Retaliation

It is unlawful to retaliate against student, faculty member, or staff employee for filing a complaint or for cooperating in an investigation. Retaliation is a separate violation, distinct from the initial underlying harassment allegation. Those who violate this policy will be subject to discipline, regardless of whether or not there has been a finding for cause in the initial harassment complaint. Anyone participating in an investigation should contact the Office for Diversity and Affirmative Action (438-3383) immediately if he or she feels a victim of retaliation.

Malicious Complaints

Individuals who knowingly and maliciously file a false complaint alleging harassment, discrimination or retaliation may be subject to discipline as a violation of this policy. Such conduct may be pursued using the Grievance Procedures described above.

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, 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). Filing a grievance with an external organization is always an option.

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).

Note: The use of this procedure does not extend the applicable deadlines for filing complaints with external agencies.

Addresses

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)

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

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

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

Chicago Office of the 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)

Springfield Office of the Department on Human Rights
222 South College, Floor 1
Springfield, Illinois 62704
217- 785-5100 (v) 217-785-5125 (TTY)

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

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

Final Appeal

Final appeals shall be made to the President.

The President shall decide the appeal as soon as possible, but no later than, 45 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 Requirements

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 Board of Trustees.

Right to Advisor

The complainant and the respondent each has the right to bring an advisor to the meeting. 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, Office for Diversity and Affirmative Action must be notified of such.