Discrimination Grievance Procedures

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This publication will be made available in accessible formats upon request. Please contact the Office of Affirmative Action & Equal Opportunity at 346-3123 in order to request this publication in large print or other suitable format.

The University of Oregon is an affirmative action, equal opportunity institution committed to cultural diversity and compliance with the Americans with Disabilities Act.

Published by the Office of Affirmative Action & Equal Opportunity.

The University of Oregon is committed to creating and maintaining a community in which students, faculty and staff can work and study together in an atmosphere free from all forms of prohibited discrimination, and discriminatory harassment. The Office of Affirmative Action & Equal Opportunity (OAA&EO) is available to assist members of the university community in seeking to prevent and correct any prohibited discrimination on campus.

The informal and formal grievance processes for discrimination complaints are outlined in the Oregon Administrative Rules (OARs). Under the OARs, the OAA&EO serves as a resource for potential grievants and provides an investigatory function for selected discrimination grievances as described in this pamphlet.

Definitions 

Prohibited Discrimination--Any act that unreasonably discriminates among individuals on the basis of race, color, gender, national origin, age, religion, marital status, disability, veteran status, sexual orientation, gender identity, gender expression or any other extraneous considerations not directly and substantively related to performance. (OAR 571-003-0025(1)(c); University of Oregon Policy Statement on Affirmative Action & Equal Opportunity; applicable federal, state and local laws, and implementing regulations.)

Discriminatory Harassment--Conduct that unreasonably discriminates among individuals on the basis of race, color, gender, national origin, age, religion, marital status, disability, veteran status, sexual orientation, gender identity, or gender expression, and that is sufficiently severe or pervasive that it interferes with work or academic performance because it has created an intimidating, hostile, or degrading environment and would have such an effect on a reasonable person of the alleged victim's status. (OAR 571-003-0025(1)(d); University of Oregon Policy Statement on Affirmative Action & Equal Opportunity.)

Discriminatory harassment includes sexual and racial harassment. The standard for deciding whether or not discriminatory harassment occurred is based on the effect the behavior would have on a reasonable person of the status (including race and gender) of the individual complaining about the behavior.

Racial Harassment--Conduct that disparages, ridicules, and/or is physically abusive of a person based on that person's race. (See Discriminatory Harassment.)

Sexual Harassment--Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or academic experience; or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment or academic decision; or (3) the conduct is unwelcome and sufficiently severe or pervasive that it has the effect of creating an intimidating, hostile, or offensive environment. (See Discriminatory Harassment.) (OAR 571-003-0025(1)(e))

Statement on Retaliation 

Discrimination complaints often heighten feelings of distress and engender adversarial attitudes. Under these conditions any interaction between parties to a grievance may be perceived as retaliatory or motivated by ill will.

University rules prohibit retaliatory actions against individuals in response to filing discrimination grievances or participating in any manner in an investigation under university administrative rules. A claim that a detrimental action is retaliatory is established by proof that (1) the complaining party participated in any manner in a discrimination grievance or investigation; (2) a detrimental action occurred; and (3) there was a causal connection between participation in the grievance or investigation and the detrimental action. (OAR 571-003-0025(9))

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Informal Grievance Procedure 

Members of the university community who believe they have been subjected to discrimination or discriminatory harassment, including sexual harassment, are urged to contact the OAA&EO. The OAA&EO can assist the grievant with efforts to reach an acceptable informal resolution of the grievant's concerns. There are no strict deadlines for filing an informal discrimination complaint. However, grievants are encouraged to file informal complaints as promptly as possible to facilitate resolution of such complaints.

The informal grievance process is often less stressful and adversarial than the formal grievance investigation described below. An informal grievance can be an effective way, and typically seeks to, address the alleged discrimination while maintaining and improving the underlying work or educational relationship. Informal grievants retain greater control of the grievance process and have the option of meeting face to face with the respondent, should they choose to do so. In contrast, a formal grievance investigation is directed by the OAA&EO and meetings in which the grievant and the respondent both attend are not conducted.

Informal grievances may also be preferable when a grievant believes that a formal discrimination allegation will be difficult to prove. In such a case, an informal grievance may lead to a positive result for the grievant that might not occur if a formal investigation proceeded to a finding of no discrimination.

The informal grievance process can be used when a grievant wants to report an incident of discrimination, but prefers that no action be taken in response to the report. The OAA&EO generally is able to honor an informal grievant's request that no action be taken except in circumstances where, assuming the allegations are true, the health and safety of individuals may be at risk. In that case, university officers have a responsibility to take such steps as are reasonably necessary to prevent injury. On reporting alleged discriminatory behavior for information only an informal grievant is asked whether or not he or she would be willing to participate in an investigation in the event another discrimination grievance against the same respondent is filed with the OAA&EO.

Grievants who choose an informal process retain the option of filing a formal grievance if they are not satisfied with the progress or outcome of the informal grievance. At such time, the requirements for filing a formal grievance, as described in the appropriate formal grievance section below, must be met. A grievant who has filed an informal grievance before the applicable deadline and is pursuing efforts to informally resolve the grievance may, with the approval of the OAA&EO or other appropriate authority, convert to a formal grievance process within a reasonable time period after the deadline for filing a formal grievance.

In some cases, grievants may choose not to utilize informal channels for a variety of reasons. In contrast to an informal process, formal discrimination investigations are reviewed by designated university administrators who report to the appropriate university vice president. In addition, a formal grievance resulting in a finding of discrimination results in discipline against the respondent, which is unlikely to be the result of an informal resolution. The decision to pursue an informal or formal grievance is made by the grievant after discussing the options with an intake officer in the OAA&EO.

Student Formal Grievance Procedure 

Students who want to file a formal discrimination grievance should contact the OAA&EO. During the initial screening interview, the OAA&EO discusses with the student whether the requirements for a formal complaint have been met and, if so, proceeds with a thorough investigation of the allegations. In order for the OAA&EO to accept a formal grievance, the grievance must allege facts that, if true, constitute prohibited discrimination or discriminatory or sexual harassment. If such a showing is not made, informal grievance procedures are still available to the student.

The formal complaint process is available for students alleging discrimination by university faculty or staff members. Formal complaints of discrimination must be filed within 180 calendar days of when the student knew or should have known of the alleged discriminatory action. In cases of discriminatory harassment, including racial and sexual harassment, formal grievances must be filed within 365 calendar days from when the student knew or should have known of the alleged discriminatory harassment. (OAR 580-015-0090(3))

Students who want to file formal grievances against other students (as opposed to faculty and staff members) must do so under and in compliance with the university's Student Conduct Code. The Student Conduct Code is administered by the Office of Student Conduct and Community Standards in the Office of Student Life, 164 Oregon Hall, (541) 346-1140.

Students who want to file complaints with agencies outside of the University of Oregon need to be aware that outside agencies have different deadlines for filing complaints. See the Outside Avenues section of this brochure for more information.

When the OAA&EO accepts a formal grievance, the office must complete an investigation within thirty calendar days after receipt of a signed grievance form. If necessary, a thirty-day extension may be requested from the chancellor of the Oregon University System.

After interviewing both parties to the grievance, the assigned OAA&EO investigator determines the scope of the investigation and interviews relevant witnesses identified by both parties. Any relevant documentary information is also collected by the investigator. All participants in the investigation may review their own interview summaries, on request, before they are submitted. To promote candor in the investigation, participants in the investigation may not review the interview summaries of other participants. When the investigation is complete, the investigator submits a fact-based report including interview summaries and appropriate documentation to the Affirmative Action Administrative Council (AAAC), which is composed of university administrators and one or more faculty members with expertise in faculty, staff, and student issues.

The AAAC reviews the report and, based on the facts presented, makes a recommendation to the university president about whether it is more likely than not that discrimination occurred. The president of the university makes the final decision as to whether the facts support a finding of discrimination. Both parties to the grievance are informed of the outcome of the investigation in writing by the president and in person by a representative of the appropriate vice president's office. Students may request a hearing on the final decision from the chancellor of the Oregon University System. (OAR 580-015-0105(2))

The decision regarding specific corrective action is made by the appropriate vice president's office in consultation with the AAAC, pursuant to direction received from the president. Depending on the severity of the discriminatory behavior and the extent of previous occurrences of discrimination by the same respondent, potential sanctions for employees range from written reprimand to termination of employment. Written reprimands, if issued, are given to the respondent and placed in her or his personnel file for a predetermined length of time. Because of state privacy laws, the nature of personnel actions taken against employees is confidential and the grievant is not informed of the exact nature of any action taken.

During every phase of the investigatory process, the OAA&EO attempts to maintain confidentiality for the parties involved. The office strongly encourages everyone involved in the investigation, including witnesses and parties, to treat the matter confidentially. In addition, the OAA&EO does not comment on specific grievances and does not publicly share grievance documentation or information. However, it should be noted that the OAA&EO has no control over statements made by parties or witnesses to the investigation.

Staff Formal Grievance Procedure

Union Members

The collective bargaining agreements for members of recognized collective bargaining units include grievance procedures which are outlined in the applicable collective bargaining agreement. The OAA&EO is available to advise union members on available options for their claims and to provide informal avenues of resolution. A represented employee who wants to file a formal discrimination grievance generally must do so through the union (OAR 571-003-0025(4)(c)), with the exception noted below for employees represented by the Service Employees International Union. Please see the Employee Relations link for full text of labor agreements.

For members of the Service Employees International Union (SEIU Local 503, OPEU), the grievance procedure is outlined in Article 18 and the nondiscrimination policy in Article 19 of the agreement. Under the contract, grievances alleging discrimination must be filed within 30 calendar days of when the grievant knew or should have known of the alleged discriminatory action. Complaints alleging prohibited discrimination may be directed to the university's Equal Opportunity/Affirmative Action office or presented as a step 2 grievance.

For members of the Graphic Communication International Union (GCIU), the grievance procedure is outlined in Article 29 and the nondiscrimination policy is in Article 6 of the agreement. Under the agreement, grievances, including any alleging discrimination, must be filed within 20 working days of when the grievant knew or should have known of the alleged violation.

For members of the Graduate Teaching Fellows Federation (GTFF), the grievance procedure is outlined in Article 13 and the nondiscrimination policy in Article 8 of the agreement. Under the agreement, grievances alleging discrimination must be filed within 30 working days [75 working days if the Union or University is the grievant] following the earliest date on which the grievant knew or reasonably should have known of the alleged discriminatory action. Grievances alleging discriminatory harassment (including sexual harassment) must be filed within 365 days of the earliest date when the grievant knew or reasonably should have known of the act, event or commencement of the condition that is the basis of the grievance. Note that if the incident giving rise to the discrimination allegation occurred in a context outside of the assigned duties as a GTF, the student complaint procedures and time lines apply. (See Student Formal Grievance Procedure.)

Faculty Formal Grievance Procedure 

Faculty members who want to file discrimination grievances may contact the OAA&EO for information regarding where to file their complaints. Under the OARs, faculty members must follow the faculty grievance process.

The faculty informal grievance process is described in OAR 571-003-0004.

For formal grievances, the first step in the process is filing a written grievance with the appropriate dean or department head, unless the grievance is against the dean or department head. The next step, should the grievance not be resolved at the first level, is to the appropriate vice president or the Faculty Grievance Appeal Committee. An appeal to the president of the university is the third step in the faculty grievance process. (OAR 571-003-0005) Finally, a grievant may request a review of the president's decision by the Board of Higher Education.

Formal discrimination grievances must be filed within 180 calendar days from the date the grievant knew or should have known of the alleged discriminatory act. Formal grievances alleging discriminatory harassment must be filed within 365 calendar days from the date the grievant knew or should have known of the alleged harassment. (OAR 571-003-0000(5))

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Public Formal Grievance Procedure 

Members of the public who believe they have been subjected to discrimination are urged to contact the OAA&EO for assistance. However, university discrimination grievance procedures are limited to members of the public alleging discrimination based on disability. For members of the public alleging discrimination based on disability, a formal grievance may be filed with the OAA&EO under OAR 571-0003-0025(4)(f). Included in the definition of members of the public who may file such grievances are applicants for admission or employment at the university, and those attending or wishing to attend events on university property.

Conflicts of Interest: Sexual or Romantic Relationships with Students 

University regulations state that it may be a conflict of interest for a faculty member or a staff member to be involved in a sexual and/or romantic relationship with a student he or she supervises. Such conflicts may arise in either the instructional or employment setting. Should such a relationship arise, the faculty member or staff member must make an appropriate arrangement to remove or substantially mitigate the conflict of interest. OAR 571-004-0007 describes possible appropriate arrangements and potential sanctions involved should the employee fail to make such an arrangement. Complaints initiated by students who believe they have been harmed by their involvement in a sexual and/or romantic relationship with a supervisor or instructor must be filed within 365 calendar days of the end of the supervisory or evaluative relationship in accordance with OAR 571-003-0025. Complaints initiated by third parties who believe they have been harmed by a sexual and/or romantic relationship between an employee and another student must be filed within 30 calendar days of the end of the complainant's evaluative relationship with the employee.

Records 

The record keeping requirements for discrimination grievances filed with the OAA&EO are described in OAR 571-003-0025(7). Grievances alleging prohibited discrimination of all kinds must be maintained confidentially by the OAA&EO. The grievance file includes the final decision made in the formal grievance process or the final resolution reached in an informal grievance process.

For formal grievances in which prohibited discrimination is found, the OAA&EO must maintain files for seven years, when in the interim, no such subsequent allegations are made against the employee. For formal grievances in which no finding of discrimination is made, the OAA&EO must maintain files for five years, when in the interim, no such subsequent allegations are made against the employee. For informal grievances, the OAA&EO must maintain files for five years, when in the interim, no such subsequent allegations are made against the employee. In cases in which a subsequent discrimination allegation is made against an employee with an existing file, any existing file and the file containing the new discrimination allegation will be kept by the OAA&EO for the relevant time period (five or seven years) from the date of the new allegation.

Outside Avenues 

Members of the university community have the legal right to pursue their grievances through outside channels. For students, the primary avenue is the United States Department of Education, Office for Civil Rights (OCR). By contrast to the university, the OCR has a filing deadline of only 180 calendar days from the date the grievant knew or should have known of the alleged discriminatory incident, but may extend the deadline if the grievant is pursuing an internal grievance process. Students or others who want to file complaints with the OCR are encouraged to contact the agency before the 180 day deadline to inquire about filing procedures and extensions. Pursuing a grievance with the university does not automatically extend the OCR's deadlines.

University employees may file discrimination complaints with the state Bureau of Labor and Industries (BOLI). BOLI complaints must be filed within one year of the date the employee knew of the alleged discriminatory action. Again, filing a grievance with the university does not extend BOLI's deadlines; employees are responsible for contacting BOLI prior to expiration of the deadline should they choose to do so.

University employees may also file employment discrimination complaints with the United States Equal Employment Opportunity Commission (EEOC). EEOC complaints must be filed within 300 days from the alleged discriminatory act. Again, filing a grievance with the university does not automatically extend EEOC's deadlines; employees are responsible for contacting the EEOC prior to expiration of the deadline, should they choose to do so.

If a grievant chooses to file a complaint with an outside agency before or during the conduct of an internal investigation, the university has the option of discontinuing the internal investigation.

Grievants, whether faculty, staff or student, always have the right to consult with a private attorney at their own expense. An attorney can offer important legal advice about filing deadlines or other issues necessary to protect a person's legal rights. Under Oregon law, any person intending to file a discrimination lawsuit against a public agency, including the university, must file a notice of intent to sue within 180 days of when the person knew or should have known of the alleged discriminatory act and file a lawsuit within two years of when the person knew or should have known of the alleged discriminatory act. (Oregon Revised Statutes 30.275)

Resources

UNIVERSITY OF OREGON

Affirmative Action & Equal Opportunity
Penelope Daugherty, Director
474 Oregon Hall
(541) 346-3123

Terry Leary
AA/EO Specialist
(541) 346-2985

Tomas Hulick Baiza
AA/EO Specialist
(541) 346-2942

Annie Bentz
Informal Complaint Resolution Specialist
(541) 346-2972

Bias Response Team
164 Oregon Hall
(541) 346-1139

Conflict Resolution Services (students)
164 Oregon Hall
(541) 346-0617

Counseling Center
Dr. Shelly Kerr, Interim Co-Director
210 Health & Counseling Center
(541) 346-3227

Diversity Education & Support
Kimi Mojica, Director
164 Oregon Hall
(541) 346-1139

Lesbian, Gay, Bisexual, and Transgender Education and Support Services
Chicora Martin, Director
164 Oregon Hall
(541) 346-1134

Multicultural Academic Support
Linda Liu, Interim Director
164 Oregon Hall
(541) 346-3479

Student Advocacy
Hilary Berkman, Director
334 EMU
(541) 346-3722

Student Conduct and Community Standards
Carl Yeh, Director
164 Oregon Hall
(541) 346-1141

Vice Provost for Institutional Equity and Diversity
Charles Martinez
202A Johnson Hall
(541) 346-2084

UO STUDENT ORGANIZATIONS

ASUO Women's Center
Suite 3, EMU
(541) 346-4095

Lesbian, Gay, Bisexual, Transgender Queer Alliance
34 EMU
(541) 346-3360

Multicultural Center
33 EMU
(541) 346-4207

UNIONS

Graduate Teaching Fellows Federation (GTFF)
870 E. 13th
Eugene OR 97401
(541) 344-0832

Graphic Communication International Union (GCIU)
(contact union representative in Printing Services)

Service Employees International Union (SEIU Local 503, OPEU)
488 East 11th Avenue, Suite B-100
Eugene OR 97401-3601
(541) 342-1055

STATE OF OREGON

Oregon Bureau of Labor and Industries (BOLI)
1400 Executive Parkway, Suite 200
Eugene OR 97401
(541) 686-7623

Governor's Office of Affirmative Action
Peggy C. Ross, Director
155 Cottage Street N.E.
Salem OR 97301
(503) 378-3544

FEDERAL AGENCIES

Equal Employment Opportunity Commission (EEOC)
Federal Office Building
909 First Avenue, Suite 400
Seattle WA 98104-1061
(800) 669-4000
(206) 220-6883
Fax (206) 220-6911
http://www.eeoc.gov/seattle

Employment Standards Administration
Office of Federal Contract Compliance Programs (OFCCP)
U.S. Department of Labor
1515 SW Fifth Avenue, Suite 1030
Portland OR 97201
(503) 326-4112
Fax (503) 326-5746
http://www.dol.gov./esa/contacts/ofccp/

U.S. Department of Education, Western Region
Office for Civil Rights (OCR)
915 Second Avenue Room 3310
Seattle WA 98174-1099
(206) 220-7900

TTY (877) 521-2172
Fax (206) 220-7887

www.ed.gov
Email: OCR.Seattle@ed.gov

U.S. Department of Health & Human Services
Office for Civil Rights (OCR)
2201 Sixth Avenue
M/S: RX11
Seattle, WA 98121-1831
(206) 615-2290
(800) 537-7697
TTY (206) 615-2296
http://www.hhs.gov/ocr

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