Approved by University Council April 11, 1996
1.1 The University of Houston-Clear Lake prohibits discrimination on the basis of race, color, religion, national origin, sex, age, disability, veteran status, and sexual orientation. The purpose of this procedure is to provide the primary process for addressing allegations of illegal discrimination by employees and students at the University of Houston-Clear Lake
1.2 The University encourages informal resolution of grievances as the most effective solution to problems. Thus, grievants are encouraged to consult with the respondent or the respondent's supervisor and seek resolution prior to filing a formal grievance
1.3 A grievant has sixty calendar (60) days from the date of the occurrence or discovery of the alleged discrimination to initiate a grievance. If the informal process has not resolved the grievance within sixty (60) calendar days, the grievant has 30 calendar days to file a formal grievance with the Executive Director of Human Resources and Affirmative Action
2.1 Sexual Harassment:
This procedure does not replace the University of Houston-Clear Lake Sexual Harassment Procedure which shall be used for all sexual harassment complaints.
2.2 ADA Complaints:
In cases where the grievant alleges non-compliance with the Americans with Disabilities Act or Sections 503 and 504 of the Rehabilitation Act of 1973, the grievant shall attempt resolution under the University's ADA policy through the ADA Coordinator.
2.3 Established Policies:
The University recognizes that grievance procedures not related to issues of discrimination are currently in place. The University does not intend for this Non-Discrimination Policy and Grievance Procedure to replace established faculty, graduate student, undergraduate student, and staff grievance procedures. However, the University also recognizes that a complaint or appeal filed under the established grievance procedures listed above may include an allegation of discrimination. Therefore, when an Associate Dean, Dean, Student Life Committee Chair, or other University of Houston-Clear Lake Supervisor or Chair presiding over a formal process other than under this policy receives a complaint or an appeal that includes an allegation of discrimination, he/she must notify the Executive Director of Human Resources and Affirmative Action who may serve as a resource on the issue of discrimination.
When a complaint is brought under one of the established policies listed above and resolution has not been reached after sixty (60) days, the grievant may concurrently file a formal grievance under this procedure
3.1 Grievance:
A complaint alleging any act, policy, procedure, or practice that is prohibited under Section III (B).
3.2 Prohibited Discrimination:
Acts covered under this policy include those which are deemed to be prohibited by the following:
3.3 Grievant: means a student or employee who submits a grievance relevant to this non-discrimination grievance procedure.
3.4 The University of Houston-Clear Lake: means any school, department, subunit, or program operated by the University of Houston-Clear Lake.
3.5 Executive Director of Human Resources and Affirmative Action: means that person who is designated as the Title IX and Title VI Coordinator as well as the Equal Employment/Education Opportunity Compliance Officer.
It is the primary responsibility of the Executive Director to insure effective installation, maintenance, processing, record keeping and notifications as required by the grievance policy.
The Executive Director of Human Resources and Affirmative Action is located in Bayou Building, Room 1111, and can be reached at (281) 283-2164.
3.6 ADA Coordinator: means that person who receives and addresses ADA and Section 503 and504 related inquiries and requests for accommodation.
The ADA Coordinator is located in the Student Services/Classroom Building and can be reached at (281) 283-2632.
3.7 Respondent: means a person alleged to be responsible for the violation set forth in a grievance. The term may be used to designate persons with direct responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas addressed in the grievance.
4.1 A multilevel procedure for addressing a grievance is available to University employees and students. It is expected, however, that the majority of grievances can be resolved informally through discussions between the grievant and the respondent or the respondent's supervisor.
4.2 At this stage, the grievant has two options. The grievant may either seek informal resolution through an administrator with direct supervisory authority over the grievant or the respondent, or through the Executive Director of Human Resources and Affirmative Action.
4.3 If the grievant chooses to contact an administrative officer with direct supervisory authority (such as a supervisor, department chair, director, division administrator or dean), the administrator must counsel the grievant on the options available under this policy and will continue attempts to resolve the grievance without a formal hearing. The administrator shall maintain written records that document actions taken at the school/component level.
The administrator may request assistance from the Executive Director of Human Resources and Affirmative Action in conducting a preliminary investigation to achieve an informal resolution.
4.4 If the grievant contacts the Executive Director of Human Resources and Affirmative Action, the executive director will advise the grievant of his/her options and either begin the informal resolution process or discontinue the grievance procedure at the grievant's request. The Executive Director of Human Resources and Affirmative Action may upon request of the grievant begin informal resolution of the grievance by contacting the respondent and the respondent's immediate supervisor. The Executive Director of Human Resources and Affirmative Action will act as a liaison between grievant, respondent and immediate supervisor of the respondent in the informal resolution of the grievance.
4.5. If the administrator with direct supervisory authority is able to resolve the grievance informally, notification and records of the resolution shall be kept by the Executive Director of Human Resources and Affirmative Action.
4.6 If the administrator is unable to resolve the grievance, the administrator will advise the grievant of his/her right to request a hearing through the Executive Director of Human Resources and Affirmative Action
5.1 Only when a grievance cannot be resolved informally shall it be referred to the Executive Director of Human Resources and Affirmative Action.
5.2 Formal grievances shall be filed with the Executive Director of Human Resources and Affirmative Action using the Formal Discrimination Grievance form which shall include the following information:
5.2.1 name, social security number, telephone number, University affiliation, and address of the grievant(s);
5.2.2 nature, date and description of the alleged violation;
5..2.3 name(s) of persons responsible for the alleged violation;
5.2.4 requested relief for corrective action;
5.2.5 any background information that the grievant believes to be relevant, including possible witnesses; and
5.2.6 grievant's signature and date of filing.
5.3 The Executive Director will give the respondent a copy of the grievance and ask the respondent to reply to the charges within ten (10) working days. Failure to respond without good cause may subject the respondent to disciplinary action. A response is required to maintain status as an employee or student.
The respondent will be specifically warned that retaliation is prohibited and, if shown, will result in disciplinary action.
5.4 The Executive Director of Human Resources and Affirmative Action will report the grievance to the appropriate supervisors of the grievant and respondent.
Administrative officers will attempt to ensure that information obtained during the grievance process remains confidential.
5.5 Upon receipt of a grievance from a student, the Executive Director of Human Resources and Affirmative Action shalI send a copy of the grievance to the Dean of Students. The Dean of Students shall be notified if a hearing is to be conducted and he/she or a designated representative shall attend the grievance hearing to serve as a University resource person. This individual shall not have a vote at the hearing, nor be present during deliberations of the hearing board. This individual shall not have a voice at the hearing unless so requested by the hearing board
5.6 Once the Executive Director of Human Resources and Affirmative Action notifies the appropriate parties, the Executive Director must conduct a preliminary investigation, and take one of the following actions within thirty (30) working days of receiving the grievance:
5.6.1dismiss the grievance on the grounds that the evidence submitted in support of the grievance or developed in the preliminary investigation does not warrant a detailed investigation or a formal hearing;
5.6.2 refer the grievance to a hearing board of the Grievance Committee; or
5.6.3 allow the parties to sign a written statement of agreement resolving the grievance
5.7 If a grievance is dismissed at this stage, the grievant has ten (10) working days in which to appeal the dismissal
If the grievant appeals, the Executive Director of Human Resources and Affirmative Action will forward the file including any facts, evidence and results of any investigation to the Chair of the Grievance Committee who shall convene a Review Panel to hear the appeal
A decision to forward the complaint to the Committee cannot be appealed.
5.8 If it is determined by the Review Board that a hearing should be conducted, the Executive Director of Human Resources and Affirmative Action shall select a three person hearing board from the membership of the Grievance Committee which shall conduct a hearing on the grievance within twenty (20) working days.
5.9 The President shall appoint the Grievance Committee, which shall consist of:
5.9.1. six staff members;
5.9.2 six faculty members; and
5.9.3 six students, of which three shall be graduate students and three shall be undergraduate students.
For every hearing held under this procedure, the Executive Director of Human Resources and Affirmative Action will select a three person hearing board from the membership of the Grievance Committee, two from the constituency of the respondent, and one from the constituency of the grievant. The chairperson of the hearing board shall be appointed by the Executive Director of Human Resources and Affirmative Action.
5.10 Hearings before the hearing board will be conducted in accordance with the procedures set forth in Section VI.
5.11 Records shall be kept of each grievance proceeding, and shall include, at minimum:
5.11.1 the written grievance filed by the grievant;
5.11.2 the written response filed by respondent;
5.11.3 the written findings of the hearing board; and
5.11.4 any other material designated by the Executive Director of Human Resources and Affirmative Action.
A file of these records shall be maintained in the office of the Executive Director of Human Resources and Affirmative Action. For purposes of the dissemination of grievance precedents, separate records may be kept which indicate only the subject matter of each grievance, the resolution of each grievance, and the date of the resolution. These records shall not refer to any specific individuals and they may be open to the public in accordance with the Texas Public Information Act.
5.12 No person shall be subjected to retaliation for having used or having assisted others in the use of the grievance process.
6.1 The hearing will be recorded by the Executive Director of Human Resources and Affirmative Action. These recordings shall be maintained for a period of three (3) years after resolution of the grievance. The grievant or respondent may obtain a copy of the tapes of the recorded hearing at the requesting party's expense. The deliberations of the hearing board will not be recorded.
6.2 The grievant and the respondent have the right to be assisted by advisors at any point during the initiation, filing, processing, or hearing of the grievance; however, neither party may proceed through counsel at the hearing.
6.3 The grievant and respondent shall provide the Executive Director of Human Resources and Affirmative Action with all documents to be used and relied upon at the hearing, and with the name, address and telephone number of counsel and witnesses no later than ten (10) working days prior to the date of the hearing.
At least three (3) working days before the hearing, the Executive Director of Human Resources and Affirmative Action will facilitate a simultaneous exchange of this information between the parties. Witnesses not listed will not be allowed to address the hearing board and advisors not listed may not attend the hearing.
6.4 All parties shall be afforded reasonable opportunity to present opening and closing statements and to present witnesses and documentary evidence.
6.5 The hearing board shall have the right to question any and all witnesses, to examine documentary evidence presented, and to summon other witnesses as the board deems necessary. Witnesses shall not be present during the testimony of any party or other witness.
6.6 The date of the hearing must be adhered to except for unusual circumstances which must be reported in writing as soon as possible to the Executive Director of Human Resources and Affirmative Action.
6.7 After the hearing is concluded, the hearing board shall convene to deliberate their findings and arrive at a majority decision. Within five (5) days after the hearing is concluded, the hearing board shall transmit a written copy of the recommendation to the Executive Director of Human Resources and Affirmative Action. The Executive Director will then mail a copy to the grievant and respondent in the United States mail at the addresses provided by the grievant and the respondent.
8.1 If the grievant or respondent wishes to appeal the recommendation of the hearing board, the respondent or grievant shall, within seven (7) days of the receipt of the recommendations, notify the Executive Director of Human Resources and Affirmative Action in writing of their intent to appeal.
If the last day for filing an appeal falls on a Saturday, Sunday, or a day on which the University is closed for business, then the appeal may be filed on the first day following the Saturday, Sunday, or legal holiday in which the University is open for business.
If notification is not received by the Executive Director within seven (7) calendar days, any recommendation for corrective action or sanctions by the hearing board shall be forwarded to the appropriate Vice President for consideration, and the grievance will be recorded by the Executive Director as closed.
8.2 If an appeal is requested, the Vice President to whom the respondent ultimately reports shall review the appeal within twenty (20) workings days from the date of the appeal.
If either party has requested an interview or is requested to appear for an interview by the appropriate Vice President, then both parties must be informed.
The intent of the Vice President's review is not to hear new evidence nor to substitute the judgment of the Vice President for that of the hearing board which heard the case. The intent of this review is to insure that the hearing and recommendations of the hearing board were not arbitrary and capricious. The Vice President's review is the final institutional step in the appeal process. However, nothing precludes the student or employee from filing a complaint with any external agency that handles discrimination complaints.
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