Guidelines/Clarification

  1. Accusations of prohibited discrimination are of utmost seriousness and should not be made casually or without cause. This policy shall not be used to bring frivolous or malicious charges against students, faculty, staff, administrators, visitors or other invitees, licensees, or university volunteers. The university reserves the right to take appropriate action against individuals who are determined to have brought frivolous or malicious charges. However, this provision shall not be construed in any manner that might unreasonably deter any person from bringing forth a concern. No person shall be retaliated against for exercising his/her rights under these procedures.
  2. In cases of alleged harassment, the protections of the First Amendment must be considered if issues of speech or expression are involved. Free speech rights apply in the classroom and in all other education programs and activities of the university. In addition, First Amendment rights apply to the speech of students and faculty. (Federal Register/Vol. 62, No. 49, March 13, 1997)
  3. Working days are those days that the university offices are scheduled to be open.
  4. Time limits can be extended by the Director, EOO if there are extenuating circumstances which must be documented and determined by the Director, EOO to justify a delay.
  5. Failure by University representatives to communicate the decision on a complaint within the specified time limits at any step of these procedures will not prejudice the complaint.
  6. Failure by the complainant to pursue a complaint to the next step within the specified time limits at any step of the procedures, barring any extenuating circumstances which must be documented by the the Director, EOO to justify a delay, will be considered acceptance of the last decision rendered.
  7. All documents, communications, and records dealing with a complaint and processing of a complaint (except for those materials allowed in personnel files by existing policies or agreements) will be kept confidential and secured in the Office of the Director, EOO. The records will be retained for such time as may be legally required and/or deemed appropriate by the university; thereafter, all records will be destroyed.
  8. All meetings and inquiries under this procedure will be conducted privately and will include only the parties specified in the procedure for that stage of the procedure.
  9. If, as determined by the Panel, additional highly relevant facts that might alter the outcome of the decision are presented during the Panel’s proceedings, a recess of reasonable length as determined by the Panel may occur.
  10. These are regarded as administrative, not legal procedures. However, in the formal stage(s) the complainant and/or the respondent have the right to legal representation in the form of an adviser at his/her own expense.
  11. For hourly paid employees, time spent during scheduled working hours in meeting with the the Director, EOO or designee or in the formal steps of the procedure is treated as time worked for pay purposes.
  12. For faculty respondents, any decision on the part of the Vice Chancellor that additional investigation is warranted that could lead to disciplinary action must be forwarded to the Professional Conduct Committee. (Such sanctions could include sensitivity training, formal or informal reprimands, and an oral or written apology.)
  13. Inquiry panels will not include faculty members currently serving on the Professional Conduct or Academic Freedom and Tenure Committees.
  14. Failure or lack of clarity of the audio tape will not compromise the proceedings. In order to avoid such circumstances, two separate recordings will be made.