Procedures for handling faculty, staff and student complaints of racial and other forms of discrimination will be more clear cut at the University of Colorado at Boulder under a new policy that took effect in August, coinciding with the opening of the new Office of Discrimination and Harassment.
The ODH replaces the former Office of Sexual Harassment, resulting in a larger office to address all allegations of discrimination. The two existing staff members of the sexual harassment office have been combined with two new staff members for a total of four investigators.
The investigators are handling all discrimination and harassment complaints involving faculty and staff members, and providing training to faculty and staff.
Under the new policy administered through the ODH, discrimination complaints against a faculty or staff member are subject to a clear investigative procedure, said Candice Bowen, director of the ODH. Discrimination complaints brought against students will be reviewed by the Office of Judicial Affairs.
The new policy applies to students, faculty and staff members, and covers 10 areas of discrimination identified as "protected classes" including race, color, national origin, sex, age, disability, creed, religion, sexual orientation and veteran status.
Under the new policy, all discrimination complaints are referred to the ODH or Judicial Affairs and, if warranted, are assigned to an investigator. Faculty or staff members are advised to contact the office to schedule an appointment to begin the process, Bowen said.
The ODH is located in the Administrative and Research Center building on the east campus in room 333. Student cases are handled through the Judicial Affairs Office in Willard Administrative Center, room 81.
Bowen said she anticipates most of the cases brought to the ODH will involve harassment. "In cases brought to the ODH our investigators will work with the parties involved to talk about how to resolve the situation," she said. "In those cases, the party who brings the complaint will meet with an investigator so they can work together to discuss how to proceed.
"Often we find in cases of harassment the parties involved just want the offensive behavior to stop," Bowen said. "If a complainant is concerned about jokes or comments that are viewed as harassing, for example, the discussion with the investigator will be about how to address and stop that behavior.
"However, if the situation is severe or pervasive, then we would conduct a full investigation," Bowen said.
Under the discrimination policy, supervisors are obligated to report complaints, and penalties will apply to anyone who retaliates against a complainant, anyone who retaliates against an investigation participant, or anyone who makes a false complaint.
Interim Chancellor Phil DiStefano said the new policy, office, additional staff and faculty-staff training will help the university improve its response to harassment and discrimination cases.
"If anyone on campus believes they have been discriminated against, we now have a central office where they can take their complaint, meet with an investigator, discuss their case and participate in resolving the matter," DiStefano said. "I think people will find the new policy and procedures are clear and workable. By clarifying these procedures and placing all such cases in a central office, as is commonly done in industry, we have simplified the process and will help people arrive at more satisfactory solutions."
Campuswide mandatory training of faculty, staff and student employees is being offered by the ODH under the new policy. For training information, see the ODH Web site at .
Persons who wish to contact the ODH should call (303) 492-2127 to make an appointment. Persons who wish to contact the Office of Judicial Affairs should call (303) 492-5550. For more information on the ODH and the discrimination policy, go to the Web site at . For more information on the Office of Judicial Affairs, go to .
University of Colorado at Boulder
Discrimination and Harassment Policy
FACT SHEET
October 2005
o The Discrimination and Harassment Policy of the CU-Boulder campus is mandated in the Laws of the Regents, Article 10 (amended Nov. 8, 2001). The policy outlines sections on:
* Definitions
* Prohibitions
**Against discrimination/harassment (re: "Protected Classes")
**Against retaliation
* Procedures for reporting discrimination and harassment
Definitions (partial list) Covered in the Policy:
The definitions section of the plan explains false complaints or false information; discrimination; harassment; hostile environment; retaliation; "Protected Classes" and other topics.
o Discrimination occurs when an individual suffers an adverse consequence (e.g., failure to be hired or promoted on the basis of the individual's protected class).
o Protected Classes (re: references to "alleged Protected Class discrimination"), this category includes discrimination based on race, color, national origin, sex, age, disability, creed, religion, sexual orientation or veteran status).
o Harassment includes verbal or physical conduct that unreasonably interferes with an individual's work or academic performance or creates an intimidating or hostile work or educational environment.
o Hostile Environment -- Constitutes unwelcome conduct by an individual against another individual (based upon his/her Protected Class) that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive. The determination of whether an environment is "hostile" must be based on all of the circumstances possible including frequency and severity of the conduct and whether it is threatening or humiliating.
o Retaliation -- Retaliation occurs when adverse actions are imposed against individuals who have reported allegations of harassment or discrimination or who have participated in a harassment or discrimination investigation. An adverse action is a tangible employment action that causes significant change in employment status, such as demotion, termination, failure to promote, or reassignment with significantly negative changes in responsibilities.
Prohibitions Mandated by the Policy:
o Against discrimination and harassment for 10 "Protected Classes" -- CU-Boulder does not discriminate on the basis of race, color, national origin, sex, age, disability, creed, religion, sexual orientation, or veteran status in admission and access to, and treatment and employment in, its educational programs and activities. Individuals who violate the policy will be disciplined or subjected to corrective action, up to and including termination or expulsion.
o Against retaliation -- Retaliation is prohibited by the policy.
Reporting Obligations Mandated by the Policy:
o Anyone who believes that he/she has experienced or witnessed discrimination, harassment or related retaliation should promptly report the behavior to an investigator at the Office of Discrimination and Harassment.
o Supervisors who witness or receive a written or oral report or complaint of discrimination, harassment or related retaliation that occurs on the job or in an educational program or activity must report it promptly to an investigator at the Office of Discrimination and Harassment.
o Supervisors are required to report violations of the policy but are not required to report confidential communications received while performing university responsibilities.
o Procedures for Reporting Discrimination and Harassment
Timing:
o Complaints/reports will be resolved quickly
o Typically, investigations and reports will be submitted to the Standing Review Committee within 90 days of receiving the complaint/report.
o Typically, the final report will be sent to the chancellor no more than 30 days after the Standing Review Committee receives the draft report of the investigation.
Investigative Process
A discrimination/harassment officer will determine the best way to handle a report including:
o Investigating the complaint/report.
o Attempting to resolve the complaint/report through mediation in cooperation with both parties, or:
o Determining that the facts of the complaint/report do not constitute a violation of the policy.
If the case proceeds to the investigative phase, the parties have the right to:
a. receive written notice of the complaint/report and a statement of allegations soon after the investigation begins
b. present relevant information to the investigators
c. receive a copy of the investigator's report
o The supervisor, appointing authority and the chancellor are notified when an investigation takes place. The investigator advises the supervisor about whether supervisory duties should be suspended during the investigation. The supervisor must send a letter or explanation to the investigator and the chancellor if the recommendation is not followed.
o The investigator prepares a written report at the end of the investigation. The draft report is presented to the Standing Review Committee.
o The Standing Review Committee may consult with the investigator, the parties, request further investigation or request that the investigation be done again by another investigator. The Standing Review Committee may adopt the investigator's report as its own and may prepare a separate report based on the findings of the investigation.
o The committee may not conduct its own investigation or hearing.
o The final report is given to the complainant, respondent, supervisor, appointing authority and the chancellor.
o The appointing or disciplinary authority must initiate formal action against the individual if he/she is found to have violated the policy or acted inappropriately.
o The investigating office must keep the report for at least 3 years or as long as any administrative or legal action is pending.
o All records of discrimination, harassment and related retaliation reports and investigations are confidential and will not be disclosed publicly except as required by law.