SECTION: HUMAN RESOURCES INDEX: C-22
SUBJECT: TITLE IX AND OTHER
DISCRIMINATION COMPLAINTS
POLICY
The University of Houston-Victoria (UHV) prohibits discrimination on the basis
of race, color, religion, national origin, sex, age, disability, veteran status,
or sexual orientation. The purpose of this policy is to provide the primary
process for addressing allegations of illegal discrimination by employees and
students at the university.
The university encourages informal resolution of grievances as the most
effective solution to problems. Thus, grievants are encouraged to consult with
the respondent or the respondent's supervisor and seek resolution prior to
filing a formal grievance.
Timelines
A grievant has sixty calendar (60) days from the date of the occurrence or
discovery of the alleged discrimination to initiate a grievance. If the informal
process has not resolved the grievance within sixty (60) calendar days, the
grievant has an additional thirty (30) calendar days to file a formal grievance
with the Director of Human Resources/Affirmative Action (Director of
HR/AA).
Coordination
with Other Grievance Procedures
Sexual Harassment: This procedure does not replace the university's Sexual
Harassment Policy, C-12, which shall be used for all sexual harassment
complaints.
Established Policies: The university recognizes that grievance procedures not
related to issues of discrimination are currently in place. The university does
not intend for this Title IX Policy to replace established faculty, student, and
staff grievance procedures. However, the university also recognizes that a
complaint or appeal filed under the established grievance procedures listed
above may include an allegation of discrimination. Therefore, when a university
official, i.e. Vice President, Provost, Supervisor or Dean who is presiding
over a formal process other than under this policy receives a complaint or an
appeal that includes an allegation of discrimination, he/she must notify the
Director of HR/AAO,
who may serve as a resource on the issue of discrimination.
When a complaint is brought under one of the established policies listed
above and resolution has not been reached after sixty (60) days, the grievant
may terminate the proceedings and file under these Title IX grievance
procedures. This applies only to grievances which include allegations of
discrimination.
Definitions:
Grievance: means a complaint alleging any act, policy, procedure, or
practice which would be prohibited by Title IX, and other federal, state, and
local laws and regulations prohibiting discrimination.
Title IX: "Title IX" refers to Title IX of the Education
Act of 1972, the 1980 implementing regulation, and other regulations relating
thereto. "Title IX" as used throughout these procedures includes Title
IX as well as other complaints of discrimination based on:
Titles VI and VII of the Civil Rights Act of 1964,
Sections 503 and 504 of the Rehabilitation Act of 1973,
The Americans with Disabilities Act (ADA) of 1990,
The Age Discrimination in Employment Act (ADEA) of 1967, and other federal,
state and local laws and regulations.
Procedure: The steps set out in this procedure shall constitute the
grievance procedure for discrimination complaints based on race, color,
religion, national origin, sex, age, disability, veteran status, or sexual
orientation.
Grievant: Grievant means a student or employee who submits a
grievance relevant to these Title IX grievance procedures.
Respondent: Respondent means a person alleged to be responsible for
the violation alleged in the grievance. The term may be used to designate
persons with direct responsibility for a particular action or those persons with
supervisory responsibility for procedures and policies in those areas covered in
the grievance.
The University of Houston-Victoria: means any school, department,
subunit, or program operated by the University of Houston-Victoria.
Director of Human Resources/Affirmative Action : means that person
who is designated as the Title IX and Title VI Coordinator as well as the Equal
Employment Opportunity Compliance Officer.
It is the primary responsibility of the Director of HR/AA to
ensure effective installation, maintenance, processing, record keeping and
notifications as required by the grievance policy.
ADA Coordinator: means that person who receives and addresses ADA
and Section 503 and 504 related inquiries and requests for accommodation. The
ADA Coordinator for students is the Student Relations Coordinator and the ADA
Coordinator for employees is the Director of HR/AA.
PROCEDURES
The university views discrimination as a serious problem which always requires an appropriate response. Any UHV
student or employee may file a grievance under these Title IX grievance
procedures.
Informal Resolution Procedures
A multilevel procedure for addressing a grievance is available to university
employees and students. It is expected, however, that the majority of grievances
can be resolved informally through discussions between the grievant and the
respondent or the respondent's supervisor.
At this stage, the grievant has two options. The grievant may seek informal
resolution either through an administrator with direct supervisory authority
over the grievant or the respondent, or through the Director of HR/AA.
Informal Resolution/Administrative Officer with Direct Supervisory
Authority
If the grievant chooses to contact an administrative officer with direct
supervisory authority (such as vice president, department chair, director, or
supervisor), the administrator must counsel the grievant on the options
available under this policy and may attempt to resolve the complaint informally.
If the administrator is able to resolve the complaint at this level, no further
action will be taken by the university. The administrator may request the
assistance of the Director of HR/AA in conducting a preliminary investigation
and/or achieving an informal resolution. If no resolution is possible at this
level, the administrator will advise the grievant of the right to file a formal
complaint and how to file under these procedures. Every effort should be made to
maintain the confidentiality of all persons involved. If the administrator with
direct supervisory authority is able to resolve the grievance informally,
notification and records of the resolution shall be kept by the Director of
HR/AA.
Informal Resolution/Director of HR/AA
If the grievant contacts the Director of HR/AA, the Director of HR/AA will
advise the grievant of his/her options and either begin the informal resolution
process or discontinue the grievance procedure at the grievant's request. The
Director of HR/AA may upon request of the grievant begin informal resolution of
the grievance by contacting the respondent and the respondent's immediate
supervisor. The Director of HR/AA will act as a liaison between grievant,
respondent, and immediate supervisor of the respondent in the informal
resolution of the grievance.
Formal Grievance Procedures
Grievance Filing: Grievances filed with the Director of HR/AA shall be in
writing and shall provide the following information:
- name and address of grievant;
- nature, date and description
of the alleged violation;
- name(s) of person(s)
responsible for the alleged violation;
- relief requested for
corrective action;
- any background information
that the grievant believes to be relevant, including possible witnesses; and
- grievant's signature and date
of filing.
Notification of Respondent(s): Upon receipt of a formal grievance, the
Director of HR/AA will give the respondent a copy of the complaint and ask the
respondent to reply to the charges within ten (10) working days. The respondent
will be specifically warned that retaliation is prohibited and will result in
disciplinary action. Failure to respond may subject the respondent to
disciplinary action.
Notification of Line Officers: The Director of HR/AA will notify the
appropriate supervisors to whom the grievant and respondent report of the
existence of the complaint. Administrative officers will make every effort to
keep information obtained during the grievance process confidential.
Notification of Coordinator of Student Relations: Upon receipt of a
formal grievance from a student, the Director of HR/AA shall send a copy of the
grievance to the Coordinator of Student Relations. The Coordinator of Student
Relations or designated representative shall be notified of the hearing and
shall be required to attend all student Title IX grievance hearings to serve as
a university resource person. This individual shall not have a vote at the
hearing, or be present during deliberations of the hearing board. This
individual shall not have a voice at the hearing unless so requested by the
hearing board.
Role of the Director of HR/AA: Once the
Director of HR/AA notifies the appropriate parties, the Director of HR/AA, or
designee, must
conduct a preliminary investigation and take one of the following actions within
thirty (30) working days of receiving the grievance.
- dismiss the grievance on the
grounds that the evidence submitted in support of the grievance or developed
in the preliminary investigation does not warrant a detailed investigation
or a formal hearing;
- refer the grievance to a
Hearing Board of the Title IX Grievance Committee; or
- allow the parties to sign a
written statement of agreement resolving the grievance.
If an appeal or complaint goes to a Hearing Board, the Director of HR/AA will
forward a copy of its investigative report to the Board.
Appeals of the Decision of the Director of Human Resources/Affirmative
Action : The grievant has ten (10) working days to appeal a decision by the
Director of HR/AA to dismiss the complaint. If the grievant appeals, the
Director of HR/AA will forward the file including any facts, evidence and
results of any investigation without prejudice to the Chair of the Title IX
Grievance Committee, who shall convene a review panel to hear the appeal. If the
Director of HR/AA refers the complaint to the committee for hearing, the
respondent may not challenge that action.
Title IX Grievance Committee: The President shall appoint the Title IX
Grievance Committee, which shall consist of eight (8) staff, eight (8) faculty
and (8) students, of which four (4) shall be graduate students and four (4)
shall be undergraduate students. Gender and ethnic diversity should be
considered in making the appointments. Members of the committee will serve two
(2) year terms, and may be reappointed at the President's discretion so that
only part of the committee is new each academic year. The Chair of the Title IX
Grievance Committee shall be appointed by the Director of HR/AA.
Hearing Board: For every hearing held under this procedure, the
Director of HR/AA will select a five (5) person Hearing Board from the
membership of the Title IX Grievance Committee, three (3) from the constituency
to which the respondent reports, and two (2) from the constituency to which the
grievant reports. The membership of the Hearing Board will be provided to the
grievant and respondent within five (5) working days, and may be challenged in
writing by either party to the Director of HR/AA within two working days. Both
parties may challenge the selection of a prospective hearing panel member one
time without a statement of reasonable cause; however, neither party may select
or recommend a member of the Hearing Board. Any additional challenges by either
party must include a statement of reasonable cause. Rulings on challenges with a
reasonable cause statement will be made by the Director of HR/AA. A potential
Hearing Board member may elect not to serve based on a conflict of interest.
The Hearing Board will elect its Chair.
An attorney from the Office of General Counsel may be requested to sit as an
advisor to the Hearing Board. This person would be available to answer
procedural questions and to assist in maintaining the decorum of the proceeding.
The attorney will not be present in the deliberations.
Reconciliation: Nothing in the procedure is intended to prevent
the grievant and respondent from resolving the grievance by signing a written
statement of agreement and submitting it for approval to the Director of HR/AA.
If the agreement is approved, it will be placed in the file maintained by the
Director of HR/AA.
Hearing Procedures
The hearing procedures specified below are intended to serve as a broad outline
for ensuring a fair and impartial hearing. However, the Hearing Board Chair may
approve departure from these procedures if, in the opinion of the Chair, all
parties have been treated fairly. The Hearing Board Chair will be responsible
for supervising the conduct of the hearing and maintaining decorum.
Advisors: Parties will have the right to an advisor(s) of their
choice; however, neither party may proceed through their advisor. Any party
choosing to bring an advisor to the hearing must provide the name of the advisor
to the Director of HR/AA at least five (5) working days prior to the hearing
date. Any advisor not listed will not be allowed to attend. If the person who
will assist the grievant is an
attorney, then an attorney from the Office of General Counsel must also be
present at the hearing.
Record of Hearing: The hearing, but not the deliberations, will be
electronically recorded so that there is an official record of what occurred.
The Director of HR/AA will have responsibility for recording the hearing and no
other recording will be allowed. Either party may obtain a copy of the tapes at
the requesting party's expense. The request must be made in writing to the
Director of HR/AA. The tapes of the hearing will kept by the Director of HR/AA
for at least three (3) years after the hearing date.
Documents and witnesses: The grievant and respondent shall provide the
Director of HR/AA with all documents to be used and relied on at the hearing and
names of potential witnesses no later than five (5) working days prior to the
hearing date. No new information will be accepted after this date, except in
compelling circumstances as determined by the Director of HR/AA or the Chair of
the Hearing Board. In such event, the hearing will be delayed until all
interested parties have had a fair opportunity to consider the new information
and prepare a response, if necessary. There will be a simultaneous exchange of
this information between the parties, which will be facilitated by the Director
of HR/AA within two (2) working days of the hearing date.
It is the responsibility of the grievant and respondent to notify their
respective witnesses as to the date and time of the hearing. It is not the
responsibility of the Director of HR/AA to contact witnesses and ascertain
whether such witnesses consent to provide information at the hearing.
Opening Statements, and Closing Statements
All parties will be afforded a reasonable opportunity for oral opening and
closing arguments. The amount of time allowed for opening and closing statements
may be limited by the Hearing Board. The complainant will make the first opening
statement. The respondent will then make an opening statement. After all
witnesses are presented, the complainant will make a closing statement, which
will be followed by the respondent's closing statement.
Witnesses
Only listed witnesses will be allowed to address the Hearing Board. If
information is made available to the Hearing Board during the course of the
hearing that the Hearing Board deems necessary for the resolution of the
hearing, the Board is vested with the authority to request testimony from
additional witnesses or request additional documentation. The Hearing Board can
only hear testimony from additional witnesses and can only review additional
documents if it allows both parties additional time to prepare a response.
Retaliation against any employee for participating or not
participating in a hearing is strictly prohibited.
Witnesses will not be present during the questioning of any party or any
other witness. The number of witnesses and the length of testimony may be
limited by the Hearing Board. The Hearing Board may also decline to hear from a
witness if the testimony is determined to be repetitive, irrelevant or for other
good reason.
After opening statements, the complainant will present witnesses. After the
complainant has questioned each witness, the respondent will be given an
opportunity to question each witness.
After the complainant has presented all witnesses, the respondent then has an
opportunity to present witnesses. The respondent may question these witnesses,
and then the complainant will have an opportunity to question the respondent's
witnesses.
The Hearing Board may ask questions of a witness at any time.
After both parties and the Hearing Board have concluded questioning the
witness, the witness will be reminded that all testimony is confidential and
will be excused from the room.
Disruptive Behavior
Disruptive behavior by any participant, as determined by the Hearing Board, will
not be tolerated and will be grounds for expulsion from the hearing.
Standard of Evidence
The Hearing Board will decide whether or not the university's policy has been
violated based upon the preponderance of evidence presented during the hearing.
Hearing Board Outcomes
After the hearing is concluded, the Hearing Board shall convene in closed
session to deliberate their findings and arrive at a majority decision. Within
five (5) working days, the Hearing Board will recommend one of the following:
- dismiss the complaint for lack
of merit; or
- find that the policy against
discrimination has not been violated; or
- find that the policy against
discrimination has been violated.
In the third instance, the Hearing Board will recommend administrative
sanctions which may include any disciplinary action, up to and including
termination of employment for faculty or staff, or dismissal from UHV for
students. Removal of tenure from a faculty member may only be accomplished
through procedures outlined in the Faculty Manual.
Recommendation Transmittal
Within five (5) working days after the hearing is concluded, the Hearing Board
will transmit a written copy of its recommendation to the Director of HR/AA.
The
Director of HR/AA will then deliver a copy of the recommendation(s) to the
complainant and respondent by certified or hand delivered mail with proof of
delivery at the addresses provided by the complainant and respondent. The
recommendation will also be given to the appropriate Vice President for action.
Administrative Actions
The appropriate Vice President will:
- uphold the Hearing Board's
findings and accept its recommendation; or
- uphold the Hearing Board's
findings and impose different sanctions; or
- reject the findings of the
Hearing Board and take administrative actions.
The decision will be transmitted to the Director of HR/AA, the appropriate
supervisor(s), and to the complainant and respondent.
Appeals
Both the complainant and respondent have the right to appeal to the President.
Appeals must be received in the President's office not later than ten (10)
working days after the person appealing has been notified of the action taken by
the Vice President. If either party has requested an interview or is requested
to appear for an interview by the President, then both parties must be informed.
The intent of the President's review is not to hear new evidence. The intent of
this review is to ensure that the hearing and recommendations of the Hearing
Board were not arbitrary, capricious or discriminatory, did not violate the
rights of the parties and did not violate the concepts of fair play to both
parties. The President shall respond in writing to the appeal within fifteen
(15) working days from the date of receipt. The copy of the response will be
forwarded to the Director of HR/AA for inclusion in the hearing file. The
President's review is the final institutional step in matters of Title IX
grievances. However, nothing precludes the student or employee from filing a
complaint with any external agency that handles discrimination complaints.
Approved:
Signature
obtained
02/13/03
Karen S. Haynes, Ph.D.
Date
Next review date: February 2005
Origination: Human Resources