DISCRIMINATION COMPLAINT POLICY AND PROCEDURE
I. PURPOSE AND SCOPE OF THE PROCEDURE
A. Purpose
The purpose of the Discrimination Complaint Procedure ("the Procedure") is to promote equal employment, equal educational and social opportunities for Old Dominion University employees and students by providing a means for the internal resolution of complaints of discrimination on the basis of gender, race, color, religion, national origin, age, disability, veteran status, sexual orientation or political affiliation.
B. Use of the Procedure
the Procedure may be used by any full or part-time employee or student of Old Dominion University, who believes that he or she has a discrimination complaint as defined in the Procedures except as follows:
1. A student disciplinary action which must be appealed as described in the University's Student Disciplinary Policies and Procedures; and
2. The imposition of a faculty sanction, the termination of a faculty member for financial reasons, and a decision concerning the award of tenure to a faculty member, all of which may be reviewed only as described in the specifically applicable faculty personnel policies and procedures contained in the University's Faculty Handbook.
C. Use of Administrative Review Procedures
an employee or student must complete any existing administrative review procedures for review of an action about which the employee or student wish to complain prior to filing a complaint under this procedure.
D. Use of Other Discrimination Complaint or Grievance Procedures
This Procedure is not to be used in addition to other internal discrimination complaint or grievance procedures which may be available to the employee or student who has a discrimination complaint. For example:
1. an employee covered under the Virginia Personnel Act who chooses to complain about an action through the grievance procedure described in the Virginia Personnel Act must raise a complaint of discrimination in his or her grievance;
2. a faculty member who chooses to complain about an action through the grievance procedure provided in the Faculty Handbook must raise a complaint of discrimination in his or her grievance; or
3. A student who chooses to complain about an action through any existing student grievance procedure must raise a complaint of discrimination in his or her grievance.
E. Use of External Discrimination Complaint Procedures
This procedure affords a means for the internal resolution of discrimination complaints, and is not intended to be used in conjunction with external (i.e. State or Federal) discrimination complaint procedures. Therefore, this procedure is not available to an employee or student who has filed a complaint with the Commonwealth of Virginia Department of Human Resource Management or with the U.S. Equal Employment Opportunity Commission. Any complaint pending under this procedure will be dismissed upon notice to the University that a federal or state complaint has been filed.
II. DEFINITIONS
For the purposes of the Procedure, the following terms have the meanings ascribed to them as follows:
A. Discrimination Complaint: A discrimination complaint is a written statement by an individual that he or she has suffered direct injury as a result of an action by a University official or employee which is intended on the basis of gender, race, color, religion, national origin, age, disability, veteran status, sexual orientation, or political affiliation.
B. Complainant: The individual who files a discrimination complaint.
C. Respondent: The University official or employee named in the discrimination complaint as having taken the action which is the basis for the complaint.
D. Director: The EO/AA Director or the Director's designated representative.
III. ADMINISTRATION OF THE PROCEDURE
A. Responsibility for Administration
The Procedure will be administered by the Director and all records resulting from a complainant's use of the procedure will be maintained by the Director. The Director establishes and interprets the Procedure, assures compliance with the Procedure as it relates to employees and students, and is responsible for providing information to employees and students concerning the availability and operation of the Procedure.
B. Time Periods
1. With the exception of the time period described in paragraph V(B), designated vacation days of the University and days between the end of one University semester or summer session and the beginning of the next semester or summer shall not be included in the time periods described herein.
2. If, under the Procedure, a time period begins upon a party's receipt of notice, the time period will commence upon actual receipt of notice by the party or three (3) days after the notice was sent by certified mail to the last address shown on University records for that party.
IV. INFORMAL PROCEDURE
A. Informal Discussion
The Director shall encourage an employee or student who has a complaint of alleged discrimination to discuss the complaint with the individual who took the action which is the basis for the complaint. The Director may be present during such discussions if either party requests such.
B. Informal Resolution
both parties to the complaint shall attempt to affect a resolution of the complaint through informal discussions.
V. FORMAL PROCEDURE
A. Discrimination Complaint
An employee or student who has a complaint of illegal discrimination may initiate formally this discrimination complaint procedure by filing a written statement with the EO/AA Office. The written statement must include the following:
1. a description of the action upon which the complaint is based;
2. the date of the action or in the case of an action which was reviewed administratively, the date of the final administrative decision below the level of the President;
3. the name of the respondent, that is, the name of the University employee who took the action or, in the case of an action which was reviewed administratively, the name of the University official who made the final administrative decision, below the level of the President, in the review process;
4. the nature of the alleged discrimination;
5. whether the complainant has informally discussed the matter with the respondent and, if so, the results of those discussions; and
6. Whether the complainant has pursued the complaint through administrative review procedures, and, if so, a description of those procedures and the results.
B. Time for Filing a Complaint
The written statement must be filed within one hundred twenty (120) calendar days of the date upon which the action described in the complaint occurred or the final decision was made after an administrative review of the action, whichever was later.
C. Response to the Complaint
If the Director determines that the written statement is complete and is a timely filed discrimination complaint, the Director will notify the supervisor of the respondent. The respondent may respond in writing to the discrimination complaint; however, the respondent's written response must be received by the Director within ten (10) days of the respondent's receipt of notice of the complaint. In the written response, the respondent may ask for an opportunity to resolve the complaint through discussions. If the respondent should ask for an opportunity to discuss the matter, the Director will take no further action on the complaint for a period of ten (10) days from the date of the Director's receipt of the written response so as to provide that opportunity.
D. Procedure for Investigating a Complaint
1. If the complaint is not resolved informally, the Director will provide both parties with a reasonable time to choose whether to have an investigation made by the Director or by a panel.
2. If either party should choose to have an investigation made by a panel, the discrimination complaint will be investigated by a panel.
3. If neither of the parties chooses to have the complaint investigated by the panel, the Director will investigate the complaint. The Director's investigation will commence within five (5) days of the Director's receipt of notice of the election made by the parties or within five (5) days of the end of the period for making such an election, whichever is earlier. During the investigation, the Director will, at a minimum:
1. provide an opportunity to both the complainant and the respondent to meet with the Director and discuss the complaint;
2. attempt to interview all individuals whom the parties have identified as having pertinent information; and
3. Review all documents provided by the parties.
The Director may interview also other individuals whom, in the Director's judgment, have pertinent information and may review also other documents which, in the Director's judgment, are relevant to the investigation of the complaint. The Director will make a taped recording of all interviews. The Director will conduct the investigation expeditiously and, upon conclusion of the investigation, will make a finding and recommendation as described in paragraph 6.
4. If either party choose to have the investigation made by a panel, the panel will be composed of three members from the University's EO/AA Committee as follows:
1. One member of the panel will be selected by the complainant and one member by the respondent. Neither of the individuals so selected may have had prior involvement in the action which is the basis for the complaint. If either party chooses an individual with such prior involvement, that party will be given an opportunity to select another individual to serve on the panel.
2. The third member of the panel and its Chair will be the EO/AA Director.
3. A party whose initial selection is disqualified will be given three (3) days within which to select a replacement and to advise the Director accordingly.
4. If either party fails to select a panel member within the time period set by the Director, the Director will choose the panel member for that party.
5. The panel's investigation will commence within ten days of the panel's selection. The investigation will proceed as follows:
1. The panel will hear a presentation by the complainant, during which the complainant will present his or her claim, pertinent witnesses and relevant documents.
2. The panel will then hear a presentation by the respondent during which the respondent will present his or her response to the complaint, pertinent witnesses and relevant documents.
3. A party may be present during the other party's presentation but witnesses will be present only while making statements to the panel.
4. The panel members may question the parties and witnesses but must do so in a fair and objective manner.
5. The panel members may request documents other than those presented by the parties and may interview pertinent witnesses other than those presented by the parties.
6. The Chair will set the date(s), time(s) and place(s) of the panel's meeting(s) and will conduct the meeting(s). The Chair may limit repetitive or irrelevant statements by the parties or by witnesses. The Chair shall limit questioning by a panel member if that questioning becomes abusive, unfair, or repetitive. The Chair may dismiss from a meeting any person, including a party, who becomes abusive or who obstructs or interferes with the meeting.
7. The meeting(s) will be closed. Taped recording(s) of the meeting(s) will be made.
8. Upon the conclusion of its investigation, the panel will meet to determine its finding and make its recommendation as described in paragraph 6 below. The panel's finding and recommendations shall be determined by majority vote of the panel members.
6. Findings and Recommendations of the Director or Panel shall be made as follows:
1. Where the Director or panel finds that there is not probable cause to believe that discrimination has occurred, the Director or panel shall recommend that the Complaint be dismissed.
2. Where the Director or panel finds that there is probable cause to believe that discrimination has occurred, the Director or panel shall recommend a remedy which the University's President has the authority to provide.
The findings and recommendation of the Director or the panel will be forwarded to the University's President. The Director, as Chair of the panel, will communicate the decision of the panel to the President. Copies of the findings and recommendations will be sent to the complainant and the respondent. The taped record of the investigation and documents received during the investigation will be provided to the President with the Director's or panel's decision.
E. Decision by the President
1. The President will make a final decision in the matter based upon the President's review of the findings and recommendations of the Director or panel. The President will notify the complainant and respondent of the President's decision in writing within twenty-one (21) days of the President's receipt of the findings and recommendations. If the President disagrees with the panels or Director's findings and recommendations, the statement of decision will include a statement of reasons for the decision. If the President decides to provide a remedy to the complainant, the statement will include a description of the remedy to be provided. The President's decision is final.
2. When a remedy is provided by the President, the Director will monitor implementation of that remedy.
VI. ASSURANCE OF CONFIDENTIALITY AND RETENTION OF RECORDS
A. the Complaint and all records developed during the investigations of the Complaint shall be considered confidential and shall not be released except as required by law or by the provisions of this Procedure.
B. the Complaint and all records developed during the investigation of the Complaint shall be retained for a period of two (2) years after the date of the
President's decision. Thereafter the records shall be destroyed unless state or federal action is pending.
VII. FURTHER REVIEW OF THE COMPLAINT
After the President makes a decision, there is no further University review of the complaint. A dissatisfied complainant may file a complaint of discrimination with the Commonwealth of Virginia Department of Human Resource Management and/or with the U.S. Equal Employment Opportunity Commission. Students may file with the U.S. Office for Civil Rights.
Approved By The President
February, 1993
