UT Arlington Equal Opportunity Policy

14-2 Equal Opportunity Policy Statement

Revision Date: 10/26/2004

Origination Date: 6/28/1999

1. Policy Statement
2. Scope of Policy
3. Complaint Procedures
4. Reporting
5. Initiating a Complaint
6. Complaint Review
7. Complaint Investigation
8. Investigation Report
9. Complaint Resolution
10. Assistance
11. Confidentiality
12. Retaliation
13. False Complaints or Statements
14. Contact
15. Dissemination of Policy

this fiscal regulation contains 15 parts

1. Policy Statement

   The University of Texas at Arlington complies with the Equal Pay Act of 1963, Titles VI and VII of the Civil Rights Act of 1964, Executive Order 11246, the Age Discrimination in Employment Act of 1967, Title IX of the Educational Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act 1990, the Vietnam Era Veterans Readjustment Act of 1974, the Texas Commission on Human Rights Act and the Rules and Regulations of the Board of Regents of The University of Texas System.
   
   It is the policy of The University of Texas at Arlington that to the extent provided by these applicable laws no person shall, on the basis of race, color, national origin, religion, age, sex, disabilities, or veteran status, be denied employment or admission, be excluded from participation in, be denied the benefits of, or subject to discrimination under, any program or activity which it sponsors or conducts. It is also UTA's policy to maintain an environment free from discrimination on the basis of sexual orientation.

2. Scope of Policy

   This policy and its complaint procedures apply to all administrators, faculty, staff, students, visitors, and applicants for employment or admission.

3. Complaint Procedures

   If a person believes they have been the subject of discrimination, it should be reported immediately to the Equal Opportunity and Affirmative Action Director. To achieve an environment free discrimination, a faculty or staff member who is informed by an individual of a situation that could be considered discrimination should inform the Equal Opportunity and Affirmative Action Director of the situation. The EO/AA Director is responsible for ensuring that complaints are resolved in accordance with this policy.

4. Reporting

   1. The University of Texas at Arlington encourages any person who believes that he or she has been subjected to misconduct to immediately report the incident to the Equal Opportunity and Affirmative Action Director. In no case will a complainant be required to report such behavior to the person accused of the misconduct.
   2. If a supervisor receives a complaint, the supervisor shall immediately notify the Equal Opportunity and Affirmative Action Director. Failure to immediately notify the Equal Opportunity and Affirmative Action Director is a violation of this policy.

5. Initiating a Complaint

   1. In order to initiate the investigation process, the complainant should complete a complaint form with the details of the conduct that is the subject of the complaint. While an investigation may begin on the basis of an oral complaint, the complainant is strongly encouraged to file a written complaint. If the complaint is not in writing, the Equal Opportunity and Affirmative Action Director should prepare a statement of what he or she understands the complaint to be and seek to obtain verification of the complaint from the complainant.
   2. Time Limit - a written complaint must be filed within one year from the date of the occurrence of the alleged violation. Complainants are encouraged to file as soon as possible after the date of the alleged violation.

6. Complaint Review

   1. Within five (5) working days of receipt of a complaint, the investigator as designated by the Equal Opportunity and Affirmative Action Director, may either dismiss the complaint or begin an investigation of the complaint. A complaint may be dismissed if the facts alleged in the complaint, even if taken as true, does not constitute discrimination; the complaint fails to allege any facts that suggests discrimination occurred; or the appropriate resolution or remedy has already been achieved, or has been offered and rejected.
   2. If it is determined that a complaint will not be investigated, the designated investigator will send the complainant a notification letter explaining the reason for the dismissal and informing the complainant that, within ten (10) working days of the notification, he or she may appeal the decision not to proceed with a complaint investigation to the Equal Opportunity and Affirmative Action Director. The written appeal must explain why the decision to dismiss the complaint was in error. The Director will respond within twenty (20) working days of receipt of the appeal. The Director’s decision is final. If the decision to dismiss is overturned, the complaint is sent back to the designated investigator for investigation in accordance with the procedures outlined below.

7. Complaint Investigation

   1. Any persons thought to have information relevant to the complaint shall be interviewed, and such interviews shall be appropriately documented. Other acceptable methods for gathering information include, but are not limited to, visual inspection of relevant materials and follow-up interviews, as necessary.
   2. As part of the investigation process, the accused individual will be provided with a copy of the complaint and allowed a reasonable time to respond in writing.
   3. The complainant and the accused individual may present any document or information that is believed to be relevant to the complaint.
   4. The investigation of a complaint will be concluded as soon as possible after receipt of the complaint. In investigations exceeding 60 days, a justification for the delay shall be presented to the EO/AA Director for review. The complainant, the accused individual, and the supervisor will be provided an update on the progress of the investigation after the review.

8. Investigation Report

   1. Upon completion of the investigation, the investigator will prepare a proposed written report of the investigation that includes findings, a recommendation of whether a violation of the policy occurred, and recommended disciplinary action if a violation of the policy occurred. The proposed report will be forwarded to the EO/AA Director who will then send a copy of the report to the Provost, the complainant, and the accused individual.
   2. The complainant and the accused individual will be afforded an opportunity to submit comments regarding the report to the EO/AA Director. Note, however, that if a complaint is filed against a student, then the complainant and accused individual will not be sent a copy of the report for comments due to the Family Education Rights and Privacy Act’s restrictions on disclosure of educational records.
   3. Within ten (10) working days of receiving any comments submitted by the complainant or the accused individual, the EO/AA Director will request further investigation into the complaint or forward the finalized report to the Provost, or appropriate Vice President.
   4. When investigations are completed as a result of Ethics Team, the Office of Institutional Compliance will be notified of the findings and recommendations prior to the time the written report is forwarded to senior management. Ethics team reports will not be released to senior management until the Executive Director of Assurance Services has commented on the findings and recommendations and ensured that the investigation is complete. Copies of follow-up reports relating to these investigations will be forwarded to the Executive Director of Assurance Services.

9. Complaint Resolution

   1. Within fifteen (15) working days of receiving the report, the Provost, or appropriate Vice President will take one of the following actions; i) request further investigation into the complaint; ii) dismiss the complaint if the results of the completed investigation are inconclusive or there is insufficient reasonable, credible evidence to support the allegations(s); or iii) find that this policy was violated and assesses an appropriate disciplinary action.
   2. A decision that this policy was violated and the assessment of an appropriate disciplinary action shall be made upon the record provided by the investigator and shall be based on the totality of circumstances surrounding the conduct complained of, including but not limited to: the context of that conduct, its severity, frequency, whether it was physically threatening, humiliating, or was simply offensive in nature. Facts will be considered on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual.
   3. If a violation of this policy occurred, disciplinary actions can include, but are not limited to written reprimands, imposition of conditions, reassignment, suspension without pay, termination, or expulsion.
   4. The Provost, or appropriate Vice President shall authorize the EO/AA Director to send a determination letter to inform the complainant, the accused individual, and the appropriate administrative head and vice president, in writing of the decision. Note, however, that if a complaint is filed against a student, then the determination letter will be written in compliance with the Family Education Rights and Privacy Act.
   5. Imposition of any disciplinary action will be handled in accordance with the university’s policy and procedures for discipline and dismissal of faculty and employees. The Dean of Students will proceed with the imposition of any disciplinary action against a student in accordance with the University’s student disciplinary procedures.
   6. EO/AA will monitor recommended resolutions and follow-up on disciplinary action. EO/AA will then document the resolution and/or disciplinary action, if any, and place the follow-up report in the case file.

10. Assistance

    During the complaint process, a complainant or respondent may be assisted by a person of his or her choice; however, the assistant may not examine witnesses or otherwise actively participate in a meeting or interview.

11. Confidentiality

    To the extent permitted by law, complaints and information received during the investigation will remain confidential and will be maintained in the Equal Opportunity and Affirmative Action Office. Relevant information will be provided only to those persons who need to know in order to achieve a timely resolution of the complaint.

12. Retaliation

    Retaliation against individuals who have filed a charge, or participated in an investigation or opposed any unlawful practice is prohibited and will subject the person who retaliates to disciplinary action.

13. False Complaints or Statements

    Any person who knowingly and intentionally files a false complaint or makes a false statement during the course of an investigation under this policy is subject to disciplinary action up to and including dismissal.

14. Contact

    Equal Opportunity & Affirmative Action Office
    710 S. Davis Street
    Box 19569
    Arlington, Texas 76019
    (817) 272-2106

15. Dissemination of Policy

    Copies of the policy are available in the Equal Opportunity and Affirmative Action Office. Periodic notices sent to students, employees, and supervisors about the university’s Sexual Harassment, Sexual Misconduct and Consensual Relationship Policy will include information about the complaint procedure and will refer individuals to the designated office for additional information. The University will take measures to periodically educate and train employees regarding conduct that could constitute a violation of this policy.

Document No. 13368