Discrimination Complaint Procedure for Employees

General Policy

Purpose

The University of Notre Dame prohibits discrimination on the basis of race, color, national or ethnic origin, sex, disability, veteran status, genetic information, or age in the administration of any of its educational programs, admissions policies, scholarship and loan programs, athletic and other school-administered programs or in employment.

The University provides this complaint procedure because it is crucial that all University staff members and administrators (collectively referred to as “employees” in this policy) are treated fairly and receive prompt responses to problems and complaints concerning discrimination. The Office of Institutional Equity (OIE) and the Office of Human Resources are available to assist with this procedure, which should be used freely and without fear of retaliation. The procedure outlined below should be used if an employee feels that she/he has been discriminated against based on her/his race, color, national or ethnic origin, sex, disability, veteran status or age. In addition, an employee should use this policy if she/he has been retaliated against for exercising her/his rights under this policy or any other University policy that prohibits discrimination. If the problem involves Discriminatory Harassment and/or Sexual Harassment, reference to those policies should be made to initiate a complaint. When unsure which policy applies, employees should contact the OIE or Human Resources for assistance.

Step One (Informal Resolution)

Discuss Complaint with the Accused Individual: The University encourages informal resolution of complaints. If appropriate, an employee should feel free to first discuss the complaint directly with the individual against whom the complaint is made. If the alleged discrimination involves a department or unit rather than an individual, the reporting party should discuss the complaint with a representative of that department/unit. In any case, the conversation should occur within ten (10) business days of the alleged discrimination whenever possible. If the complaint is not resolved as a result of this discussion, or if the employee does not wish to proceed informally, she/he should proceed to Step Two.

Step Two (Formal Resolution)

Submit Written Complaint to the OIE or Human Resources: An employee may submit a formal written complaint to the OIE or Human Resources for investigation. A written complaint should include the name, address, telephone number, and department of the reporting employee; a detailed description of the conduct that the reporting party alleges to be discriminatory; name(s) and contact information for the person against whom the complaint is made (or, if the alleged discrimination involves a department or unit rather that an individual, a representative of that department/unit); and name(s) and contact information of witnesses (if any).

The reporting party should make every effort to submit the written complaint within thirty (30) business days of the alleged conduct.

The OIE or Human resources will investigate the complaint. Depending on the nature of the allegations, the investigation could include interviews with the reporting party, the accused individual (or, if the alleged discrimination involves a department or unit rather that an individual, with a representative of that department/unit), and/or witnesses; review of written documentation and relevant policies; and any other steps necessary to thoroughly investigate the allegations. The OIE or Human Resources will make every effort to conduct the investigation within thirty (30) business days. If the investigation cannot be completed in that time period, the OIE or Human Resources will contact the reporting party and provide a time frame in which the investigation will be completed.

At the conclusion of the investigation, the OIE or Human Resources will notify the reporting party whether any University policy was violated. Please note that, in many situations, the OIE and Human Resources cannot provide information about the sanctions assessed (if any) because of the privacy rights of the accused individual.

Step Three (Appeal)

Reporting Party May Appeal Decisions of OIE or Human Resources in Certain Circumstances: If OIE or Human Resources determines that no University policy was violated, the employee may proceed with the complaint within ten (10) business days of receipt of the Step Two decision by submitting a formal written complaint from Step Two and any additional information to the appropriate Dean or Officer of the University (or her/his designee) as identified by the OIE or Human Resources. The Dean or Officer, or his or her designee, will issue a written decision within ten (10) business days of his/her receipt of the complaint. In reviewing the matter, the Dean or Officer shall have access to any information necessary to reach a decision regarding the employee’s complaint. The decision of the Dean or Officer is final.

General Information

The time limits above are subject to modification on a case-by-case basis due to operational requirements, travel away from campus, in-depth investigations, etc. The President of the University shall have final authority to resolve any disputes regarding the implementation of this Complaint Procedure, including determination of the appropriate decision makers.

Office of Institutional Equity

The Office of Institutional Equity may be contact as follows:

Office of Institutional Equity
414 Grace Hall
University of Notre Dame
Notre Dame, IN 46556
(574) 631-0444
http://equity.nd.edu/

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