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GEORGETOWN UNIVERSITY AFFIRMATIVE ACTION GRIEVANCE PROCEDURES TO
INVESTIGATE COMPLAINTS OF DISCRIMINATION*
Introduction
Georgetown University recognizes and accepts its responsibilities to act in accordance with the University’s Affirmative Action Plan, federal laws and regulations and the District of Columbia Human Rights Act. Therefore, the University has established this grievance procedure for the Office of Institutional Diversity, Equity, and Affirmative Action (“IDEAA”) to review, investigate, and resolve alleged violations of the University’s Equal Employment/Affirmative Action Policies and the Policy Statement on Sexual Harassment. This procedure applies to allegations of unlawful discrimination and harassment on the basis of age, color, disability, family responsibility, gender identity and expression, genetic information, marital status, matriculation, national origin, personal appearance, political affiliation, race, religion, sex, sexual orientation, veteran status and other factors prohibited by law.
This internal Affirmative Action Grievance Procedure provides a mechanism for aggrieved employees and students to receive a fair hearing on issues of discrimination including sexual harassment. Complainants, respondents and witnesses who participate in this process are bound by rules of confidentiality. Complainants are required to exhaust the procedure within the University with regard to any grievance before pursuing remedies outside the University with any external enforcement agencies including the District of Columbia Human Rights Commission, the Equal Employment Opportunity Commission, the Office of Civil Rights of the Department of Education and the United States Department of Labor.
It is a violation of this policy to file a discrimination complaint for the purpose of injuring the reputation or causing harm to another person. Without minimizing the injury that can be suffered by the victim of discrimination, the University also recognizes that the filing of a discrimination complaint can have serious consequences for the person accused of discrimination. That person, too, has rights that the policy on discrimination must preserve and protect. A person who abuses this policy by filing a frivolous complaint will himself or herself be subject to discipline if IDEAA determines that the complaint was filed in bad faith. This provision is not meant in any way to discourage legitimate complaints.
The University will continue to promote affirmative action in all areas of the University. Successful efforts in this area will contribute to an improved environment in which to work and study. The University believes that this non-adversarial grievance procedure will benefit students, faculty, staff and administrators, and will make “Affirmative Action/Equal Employment Opportunity” a reality at this institution.
Requirements for Filing Grievances
1) Any applicant for employment, current or former employee or student (hereinafter referred to as Complainant), of Georgetown University has a right to file a discrimination complaint with IDEAA. The “Discrimination Complaint Form” may be obtained from IDEAA.
2) Complainants must file a grievance in writing within 120 days following the alleged discriminatory act or the date on which the Complainant knew or reasonably should have known the act.
3) A grievance must be filed with IDEAA at M36 Darnall Hall.
Further Provisions on Time Limits
All of the time limits contained within this grievance procedure
may be extended.
Principle of Non-Retaliation
The University strongly encourages any victims of prohibited discrimination to report the incident and seek redress, if he or she is unable to resolve it satisfactorily and completely through informal means.
The University recognizes the unusual burden that the alleged discriminatory or harassing conduct places on the recipient and acknowledges the necessity for a prompt, thorough and careful resolution of all reported cases. It is illegal and contrary to University policy for any individual to engage, whether directly or indirectly, in retaliatory conduct against a person who files a discrimination complaint or gives testimony during an investigation of such a complaint.
As used in the above paragraph, “retaliatory conduct” means conduct that materially, adversely and unjustifiably affects another’s terms or conditions of employment or educational experience, or quality of life, and that is motivated by intent to cause harm because of the targeted individual’s involvement in the filing or investigation of a discrimination complaint. Any student or employee who believes that retaliatory actions have been taken against him or her for having filed a complaint or provided testimony in an investigation of discrimination may seek redress through IDEAA.
Procedures
for Processing Grievances
Step I. Informal Conciliation
- IDEAA shall receive the complaint, assist the complainant in defining the charge and completing the grievance form.
- IDEAA shall apprise the respondent and in the case of University employees, his/her administrative officer of the charge and its supporting documents, assist him/her in interpreting the charge, and suggest a format for responding to the charge. The Complainant is also provided a copy of the Respondent’s statement and is given the opportunity to respond to this statement.
- IDEAA shall have thirty (30) working days to resolve the complaint informally and shall have the right to all necessary information to do so and to interview witnesses including the right to bring together complainant and respondent, if desirable. If a mutually acceptable resolution is achieved through the efforts of IDEAA, the case shall be closed. A written notice may list findings and indicate the agreement reached, and shall be signed and dated by the complainant, the respondent, and a staff member of IDEAA. Copies will be provided to both the complainant and respondent. If the evidence supports a finding that there is no basis of illegal discrimination, IDEAA shall indicate this conclusion to the complainant, advising him/her that the case is closed.
If conciliation is not possible, IDEAA shall so notify both complainant and respondent in writing, and shall advise complainant of his/her right to proceed to the formal step of a University hearing. The complainant shall have ten (10) working days to advise IDEAA of his/her desire to have a hearing.
Step II. Formal Hearing
- If the complainant requests a formal hearing, IDEAA shall send written notification to the appropriate Executive Vice President and Chief Administrative Officer, the respondent and his/her administrative officer. This notification shall include a copy of the charge naming the complainant and respondent, a description of the nature of the complaint, and other written documents pertaining to the case.
- IDEAA shall then establish a three-member Ad-Hoc Affirmative Action Grievance Panel selected from the Equal Opportunity Examining Board made up of Georgetown University administrators, faculty and staff. Grievances involving discriminatory denials of tenure, promotion or reappointment of faculty members shall be heard by panels composed of faculty or academic administrators only. The three member Ad-Hoc Affirmative Action Grievance Panel shall be selected in the following manner:
- The complainant shall select one member of the Equal Opportunity Examining Board, and the respondent shall select another. IDEAA shall convene a meeting of these two selected panelists who shall choose the third member to form the Ad-Hoc Affirmative Action Grievance Panel.
A member of IDEAA shall present the details of the complaint to the panel members who shall be asked to disqualify themselves if they have prior knowledge of the complaint, the circumstances surrounding the incidents, or any other reason which might prevent them from rendering an impartial decision.
- The Director of Affirmative Action Programs, or a designee shall present all documents relevant to the complaint, instruct them in effective investigative processes, and ensure that they thoroughly understand the process. The panel shall be charged formally with its responsibility to investigate the complaint, issue its findings including recommendation for corrective action if warranted. A staff member of IDEAA shall be present at all deliberations of the Ad-Hoc Grievance Panel.
- The Ad-Hoc Grievance Panel shall have the right to all relevant information and to interview witnesses, including the right to bring together complainant and respondent.
- Within forty-five (45) working days from its formation, the Ad-Hoc Grievance Panel shall submit its findings to the Director of Affirmative Action Programs for review. This official shall forward the panel’s findings and the background documentation to the appropriate Executive Vice President or Senior Vice President and Chief Administrative Officer for review and comment. After this official approves the panel’s recommendations, IDEAA shall forward the findings to the complainant, respondent and his/her administrative officer.
- If the panel sustains the complainant’s grievance IDEAA shall monitor the Panel’s recommendation. The appropriate Executive Vice President or Senior Vice President and Chief Administrative Officer shall ensure that the Panel’s recommendations are smoothly implemented and that no retaliatory actions are taken against the complainant or respondent.
Student Employment Grievances
Georgetown University students who are also full time or part time employees of the University, in their employee capacity, are subject and entitled to the preceding grievance procedures. If the student employee initiates his/her discrimination complaint with the academic Dean or Department Chairperson, the Dean or Department Chairperson will transfer the case to IDEAA for resolution.
Student Grievances in Academic
and Non-Employment Matters
The grievance procedures in this document to review, investigate and resolve allegations of unlawful discrimination on the basis of age, color, disability, family responsibility, gender identity and expression, genetic information, marital status, matriculation, national origin, personal appearance, political affiliation, race, religion, sex, sexual orientation, veteran status and other factors prohibited by law do not apply to student complaints in strictly academic areas. Special procedures have been established by all of the University’s colleges and schools to resolve academic concerns. The matters should be discussed first with the Dean of the school. The student may submit a formal written complaint to the Dean, and a copy of this written formal complaint must be sent to the Director of Affirmative Action Programs, so that IDEAA may be informed of the complaint. The procedures for discrimination complaints are listed in the Undergraduate Bulletin and official school publications of the University’s individual colleges and schools.
Peer Sexual Harassment
It is contrary to University policy for students to subject their peers to sexual harassment. Therefore students may use these grievance procedures to file such complaints against their peers.
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Important Note: As of the date of this document, Georgetown University Affirmative Action Grievance Procedures to Investigate Allegations of Discrimination are undergoing review and possible revision. Students are responsible for consulting the Office of Institutional Diversity, Equity & Affirmative Action webpage to learn of any changes. |
