Discrimination Investigation

DISCRIMINATION GRIEVANCE INVESTIGATION PROCEDURE

The following procedural guidelines will be applied to each action filed under the UCF Discrimination Grievance Procedure. The standards used at each step are described generally, with the understanding that the primary intent is to determine the facts, identify any university policies that were violated, and implement a resolution to grievances found to have merit.

Secondary goals include improvement of the University's support of equal opportunity and affirmative action, encouragement of cultural diversity, and treatment of individuals with respect and dignity. These secondary goals may foster actions by the university president that correct perceptions or enhance the climate despite no finding of discrimination. Such actions will be differentiated from corrective measures implemented based on findings of discrimination.

This procedure is presented in six sections: Intake, Investigation, Reporting, Implementation of Corrective and Final Actions, Document Dissemination and Storage, and Glossary.

I. Intake

Complaints may be brought to the attention of the Office of Equal Opportunity and Affirmative Action Programs ("EO/AA") in many ways; there is no required format, preceding step, or standing needed to raise an issue with the office. Visits, calls, signed or unsigned written communication all are examples of contacts that may be used to raise an issue.

However, only two forms of contact are recognized for entry into the UCF Discrimination Grievance Procedure: personal contact by the grievant with the office, or written, signed contact by the grievant with the office. (Alternate formats of personally-identifiable contact may be provided as a reasonable accommodation to a person with a disability.)

Confidentiality will be maintained to the extent possible. The fact that a grievance has been filed, and the nature of that grievance, will be communicated only to those who require such information to fulfill their responsibilities.

All documents related to an investigation are protected by statute from review by members of the public while the process is ongoing. Information contained in grievances might be shared with respondents in original format. However, it is more likely that it will be presented in a format in which each statement is related to the charge, with extraneous information removed.

EO/AA does not require the grievant to specify the pertinent laws. The office is responsible for comparing the alleged discriminatory actions to any university policies that fall within its jurisdiction. This procedure is in place to help the University comply with legal parameters; all such parameters should be examined in the investigation. The remedy fashioned in each case will consider the merits of the evidence in a manner that allows the university president to direct appropriate discipline or corrective actions.

At the option of the University, investigation may proceed without a written, signed statement. Complaints that do not meet the definition to enter the grievance procedure may be acted upon in a problem-solving manner, which may differ in form and notification from a Discrimination Grievance. For example, there are cases in which documentary evidence overrules the need for a signed complaint (i.e., allegations of a biased grading pattern or a hostile classroom environment).

Techniques to invite statements without leading the witnesses might be used, such as sampling of potential targets of bias. Correspondence from the Office to the respondent in such cases will indicate that no signed complaint is on file. It may also indicate that no individual remedy will be granted to the person who supplied the original information.

Grievants will be advised of other forums for resolution, internal (administrative) and external. There may be a bar to their participation in more than one administrative forum.

II. Investigation

The jurisdiction of EO/AA includes discrimination on the bases of race, sex (including sexual harassment and pregnancy discrimination), national origin, disability, age, veteran's status, and marital status. Parties who do not claim such bases will be referred to a more appropriate forum or assisted with conflict resolution on a more informal basis.

After reports or complaints are received, the matter will be examined to determine if it appears to fall within the jurisdiction of the office. If so, the procedure continues with a notice to the respondent(s) that an investigation of the listed allegations has been requested. This notice may contain slight detail and may only serve to inform the respondent, not call for response.

Determination of jurisdiction continues with early fact-finding related to the status of the grievant, timeliness of filing, the preliminary allegations, the University's control over the matter, or administrative actions in progress. If jurisdiction is accepted and the allegations are supported by signed, written statements, the investigation will proceed. If no such statements are received, the respondent will be notified of that fact. The investigation may still continue, if the Director of EO/AA deems it appropriate, but there may be no individual remedy available to those who informed the university of the issue.

An investigation plan then is developed by the Office. It usually will entail elements such as confirmation of jurisdiction, interview(s) with grievant, interview(s) with witness(es), document collection, receipt of signed, written statements, clarification of unresolved issues, interview(s) with respondent(s), and preparation of the final report and supporting evidence.

The elements may be accomplished in varying order to best meet the demands of the investigation. It is most common to provide the respondent(s) with the last opportunity to comment on the unresolved issues prior to preparing the report and its findings.

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.