Discrimination Investigation
Interviews are commonly conducted in private, with no representatives or observers. Recording (by person or device) is not considered appropriate for this process, which is an informal, proactive administrative procedure. The Discrimination Grievance Procedure is predicated on the belief that effective personal communication in this type of investigation is one-to-one.
Similarly, those electing counsel should understand that EO/AA will be represented by the university’s Office of the General Counsel in matters related to the investigation. Representation of grievants by private counsel is permitted. However, it is not envisioned in this process, since no determination of corrective actions (which might include discipline) is made at this level. Administrative resolution of the grievance is the goal of the process. In any case, grievants who choose to be represented by counsel should be aware that arranging for all parties to be present or notified of actions may delay one or more steps of the process.
III. Communication and Reporting
The first communication is normally a notification to the grievant that jurisdiction has been accepted. This is normally followed by a notification to the respondent that a grievance is being investigated. Notification to the respondent will occur no later than seven calendar days after acceptance of jurisdiction.
Interim reports are not common in the investigation. Communication to the grievant, respondent, or witnesses may include statements from other parties for which verification or explanation is requested. Presentation of such statements is not considered a report, a finding, or a predictor of the result of the investigation. It is merely a statement of information with a request for those parties to comment.
The Investigation Report will contain a Statement of Allegations, statement of the violation of regulation that is alleged, facts determined in the investigation, an indication of how the regulation applies to the situation, and findings on each issue.
The university president will receive from EO/AA recommendations for resolving the issue, as called for by the regulation governing this procedure, in a separate document. The recommendations focus on correcting discriminatory actions or patterns. The purpose for providing the recommendations in a separate document is two-fold:
1. It provides the President an opportunity to review the report and independently consider appropriate strategies to address the issues.
2. It provides the President with guidance on such strategies that is based on technical knowledge of administrative structures, appropriate remedies for particular situations, the grievant's request for remedy, and the past practice of the university in similar situations.
Recommendations related to findings of a regulation violation will be differentiated for the president's consideration from recommendations related to improvement of environmental factors or perceptions. Correction or improvement of such factors is important to the university in its continuous efforts to erase discrimination as well as the perception of discrimination.
Recommendations will be tailored to existing systems of due process when available. If cause is found to believe that a violation of university regulation occurred, the recommendation may specify that the designated administrative route be utilized to consider appropriate discipline. Due process attaches to each of those disciplinary procedures.
Other recommendations may be specific to the situation and consistent with university practice, the body of research in the area of violation, and the best interests of the University.
IV. Implementation of Corrective and Final Actions
As specified in the regulation, the President normally selects one of three courses of action once the report and its findings have been accepted.
1. Direct that specific action should be taken according to the recommendations of EO/AA.
2. Direct that specific action should be taken, modifying the recommendations of EO/AA.
3. Direct other actions in lieu of those recommended by EO/AA.
The report and recommendations are returned to EO/AA for implementation. They then may be assigned to appropriate offices, possibly with a monitoring schedule, or undertaken specifically by EO/AA.