• Introduction
• Requirements for Filing Grievances
• Principle of Non-Retaliation
• Procedures for Processing Grievances
• Student Employment Grievances
• Student Grievances in Academic and Non-Employment Matters
• Peer Sexual Harassment

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 to review, investigate, and resolve allegations of unlawful discrimination on the basis of age, color, sex, (including sexual harassment), disability, marital status, national origin, race, religion, family responsibility, personal appearance, matriculation, political affiliation or sexual orientation.

This internal Affirmative Action Grievance Procedure provides a mechanism for aggrieved employees and students to receive a fair hearing on issues of discrimination. Complainants, respondents and witnesses who participate in this process are bound by rules of confidentiality. Employees are required to exhaust these procedures 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 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 the Affirmative Action Office 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. 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 (hereinafter referred to as complainant), of Georgetown University has a right to file a discrimination complaint with the Affirmative Action Office.

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 the Affirmative Action Office 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 unlawful 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 conduct places on the recipient and acknowledges the necessity for a 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 this paragraph, “retaliatory conduct” means conduct that adversely and unjustifiably affects another’s terms and conditions of employment, educational experience, or quality of life, and that is motivated by an 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 the Affirmative Action Office.

Procedures for Processing Grievances

Step I. Informal Conciliation

1. The Affirmative Action Office shall receive the complaint, assist the complainant in defining the charge and completing the grievance form.
2. The Affirmative Action Office shall appraise the respondent and his/her administrative officer of the charge and its supporting documents, assist them in interpreting the charge, and suggest a format for responding to the charge.
3. The Affirmative Action Office shall have 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 the Affirmative Action Office, the case shall be closed. A written notice shall list findings and indicate the agreement reached, and shall be signed and dated by the complainant, the respondent, and a staff member of the Affirmative Action Office, and copies provided to both the complainant and respondent. If the evidence supports a finding that there is no basis for a charge of illegal discrimination, the Affirmative Action Office shall indicate this conclusion to the complainant, advising him/her that the case is closed.
   If conciliation is not possible, the Affirmative Action Office 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 have10 working days to advise the Affirmative Action Office of his/her desire to have a hearing.
   

Step II. Formal Hearing

1. If the complainant requests a formal hearing, the Affirmative Action Office shall send written notification to the appropriate Executive Vice President or the Senior 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.
2. The Affirmative Action Office 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. The Affirmative Action Office shall convene a meeting of these two selected panelists who shall choose the third member to form the Ad-Hoc Affirmative Action Grievance Panel.
   
3. A member of the Affirmative Action Office 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.
4. The Special Assistant to the President for 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 the Affirmative Action Office shall be present at all deliberations of the Ad-Hoc Grievance Panel.
5. 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.
6. Within 45 working days from its formation, the Ad-Hoc Grievance Panel shall submit its findings to the Special Assistant to the President for 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, the Affirmative Action Office shall forward the findings to the complainant, respondent and his/her administrative officer.
7. If the panel sustains the complainant’s grievance the Affirmative Action Office 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 the Affirmative Action Office 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, sex, (including sexual harassment), disability, marital status, national origin, race, religion, family responsibility, personal appearance, matriculation, political affiliation or sexual orientation, do not apply to student complaints in strictly academic areas, nor do these procedures refer to students in non-employment relationships. 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 formal written complaint to the Dean, and a copy of this written formal complaint must be sent to the Special Assistant to the President for Affirmative Action Programs, so that the Affirmative Action Office may be informed of the complaint. The procedures for discrimination complaints are listed in the official school publications of the individual University’s 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.