Discrimination Investigation

Similarly, those electing counsel should understand that EO/AA will be represented by the university’s 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. Reporting

The first report produced is the notification to the respondent(s) that a grievance is being investigated. This notification will occur no later than seven calendar days after an issue is defined at the level of a grievance.

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, and those parties then are asked to comment.

The final report of the investigation will contain a summary of the complaint, description of the policies which might have been violated given the nature of the complaint, facts determined in the investigation, an indication of how the polices apply 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 preferences, and the past practice of the university in similar situations.

Actions related to findings of discrimination 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 policy 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 rule, 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.

V. Document Dissemination and Storage

Once an investigation process is complete, the grievant and respondent(s) are notified of the outcome. Each party is provided a copy of the report at no charge.

The final report may become a public document after the completion of the process. Requests for copies will be processed in accordance with the Public Document Request Procedure. This procedure is available in the Forms section of EO/AA website.

The final report and all supporting documents, plus the work products used in the investigation, are maintained in EO/AA. They do not become part of any employee's official personnel file as a part of the investigation process.

As stated in the pertinent policy, the President's decision is the final step in the Discrimination Grievance Procedure. Parties who believe that the investigation failed to follow the policy may request reconsideration by the President by furnishing a detailed written statement. Discipline or other corrective measures taken by appropriate university officials after the investigation also may carry due process rights.

Participation in this process has no bearing on the freedom of grievants to pursue their civil rights in another forum. The investigation procedures follow standards set by EEOC and, therefore, the final report may be used in the university's interaction with other forums chosen for resolution.

VI. Glossary of Related Terms

The following list contains working definitions of terms commonly used in the UCF Discrimination Grievance Procedure.

Adverse action:

an action that is neutral on its face but disproportionately affects persons in a protected class. Disproportion is defined as the affected class succeeding at less than 80% of the success rate for the group used for comparison.