Interim Grievance Procedures Relating To Title IX And Other Discrimination Complaints
Purpose and Scope
B. Purpose: The purpose of this procedure is to provide the primary process for addressing employee and student discrimination grievances based on race, color, religion, national origin, sex, age, disability, veteran status, or sexual orientation.
C. Relation to Sexual Harassment Procedure: This procedure does not replace the University of Houston Sexual Harassment Procedure, which shall be utilized for all sexual harassment complaints.
D. Relation to Other University Grievance Procedures: This procedure does not replace established faculty, graduate student, undergraduate student, or staff grievance procedures; however, the chair of a faculty, graduate student, undergraduate student, or staff grievance committee that receives a grievance that includes an allegation of discrimination must notify the Executive Director of Affirmative Action.
E. Time Lines: If after sixty (60) days, no resolution has been reached under the grievance procedures listed above in I.D., the grievant may terminate the proceedings and file under these Title IX grievance procedures. This applies only to grievances which include allegations of discrimination.
F. Notification of Executive Director of Affirmative Action: Upon receipt of a formal grievance which includes an allegation of discrimination, the chair of a faculty, graduate student, undergraduate student, or staff grievance committee shall send a copy of the grievance to the Office of Affirmative Action. The Executive Director of Affirmative Action shall be notified of the hearing and shall appoint a designee to attend the hearing to serve as a resource person to the hearing board. This individual shall not have a vote at the hearing nor be present during deliberations of the hearing board.
G. Student Disciplinary Proceedings Involving Allegations of Discrimination: Upon initiation of student disciplinary proceedings which include allegations of discrimination, the dean of Students shall notify the Executive Director of Affirmative Action. In cases where the complainant in a student disciplinary proceeding has also filed a complaint under these Title IX grievance procedures, the dean of Students and the Executive Director of Affirmative Action shall coordinate efforts as described in I.F., "Notification of Executive Director of Affirmative Action," IV.G., "Notification of dean of Students," or as appropriate.
Definitions
B. Title IX: "Title IX" refers to Title IX of the
Education Act of 1972, the 1980 implementing regulation, and other regulations
relating thereto. "Title IX" as used throughout these procedures includes
Title IX as well as other complaints of discrimination based on:
2. Sections 503 and 504 of the Rehabilitation Act of 1973,
3. The Americans with Disabilities Act (ADA) of 1990,
4. The Age Discrimination in Employment Act (ADEA) of 1967,
5. and other federal, state, and local laws and regulations.
C. Procedure: The Steps set out in this procedure shall constitute the grievance procedure for discrimination complaints based on race, color, religion, national origin, sex, age, disability, veteran status, or sexual orientation.
D. Grievant: Grievant means a student or employee who submits a grievance relevant to these Title IX grievance procedures.
E. The University of Houston: The University of Houston means any school, department, subunit, or program operated by the University of Houston.
F. Title IX, ADA, Section 504, and Title VI Coordinator: The person serving as the Executive Director of Affirmative Action and Assistant to the President is the designated Title IX, ADA, Section 504, and Title VI Coordinator as well as the Equal Employment/Education Opportunity Compliance Officer. The Office of Affirmative Action is located in E. Cullen, Room 215. The telephone number is (713) 743-8835.
G. Respondent: Respondent means a person alleged to be responsible for the violation alleged 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 covered in the grievance.
Filing of Grievance
B. Informal Resolution by Administrative Officers or the Office of Affirmative Action: The complainant may seek informal resolution from an administrator with a direct supervisory role (over the complainant or the respondent) or from the Office of Affirmative Action.
C. Administrative Officer: The university views discrimination as a serious problem which always requires an appropriate response. If the grievant initially chooses to contact an administrative officer in a direct supervisory role (such as a supervisor, coach, department chair, director, division administrator, or dean), the administrator must counsel the grievant on the options available under these procedures and may attempt to resolve the complaint informally. If the administrator is able to resolve the complaint at this level, no further action will be taken by the university. The administrator may request the assistance of the Office of Affirmative Action in conducting a preliminary investigation and/or achieving an informal resolution. If no resolution is possible at this level, the administrator will advise the grievant of the right to file a formal complaint and how to file under these procedures. All investigations will be conducted as fairly and expeditiously as possible. Every effort should be made to maintain the confidentiality of all persons involved. Administrators will report informal resolutions to the Office of Affirmative Action.
Formal Grievance Procedure
2. Nature, date, and description of alleged violation;
3. Name(s) of persons responsible for the alleged violation;
4. Requested relief for corrective action; and
5. Any background information that the grievant
believes to be relevant.
C. Role of the Executive Director of Affirmative Action
in Title IX Grievances: The Office of Affirmative Action must
conduct a preliminary investigation of the complaint, and take one of the
following steps, with thirty (30) working days after its receipt:
2. Refer the complaint to a hearing board of the Title IX Grievance Committee; or
3. Allow the parties to sign a written statement
of agreement resolving the complaint. It should be understood that without
approval in writing by the Office of Affirmative Action, any agreement
between the parties does not preclude further action by the university
against either party.
D. Appeals of the Decision of the Office of Affirmative Action: The grievant has ten (10) working days to appeal a decision by the Office of Affirmative Action to dismiss the complaint. If the grievant appeals, the Office of Affirmative Action will forward the file including any facts, evidence, and results of any investigation without prejudice to the Chair of the Title IX Grievance Committee who shall convene a Review Panel to hear the appeal. If the Office of Affirmative Action refers the complaint to the Committee for a hearing, the respondent may not challenge that action.
E. Notification of Respondent(s): Upon receipt of a formal grievance, the Executive Director of Affirmative Action will give the respondent a copy of the complaint and ask the respondent to reply to the charges within ten (10) calendar days. The respondent will be specifically warned not to retaliate against the grievant in any way. Retaliation will subject the respondent to disciplinary action.
F. Response: The response should include any denial, in whole or in part, of the charges. Failure to respond may subject the respondent to disciplinary action.
G. Notification of Line Officers: The Executive Director of Affirmative Action will notify the appropriate administrative officers to whom the grievant and respondent report of the existence of the complaint. However, all administrative officers will attempt to maintain the confidentiality of the information during the complaint process.
H. Notification of dean of Students: Upon receipt of a formal grievance from a student, the Executive Director of Affirmative Action shall send a copy of the grievance to the dean of Students. The dean of Students or designated representative shall be notified of the hearing and shall be required to attend all student Title IX grievance hearings, 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.
I. Title IX Grievance Committee: The President shall appoint the Title IX Grievance Committee, which shall consist of six (6) staff, six (6) faculty and six (6) students, of which three (3) shall be graduate students and three (3) shall be undergraduate students. For every hearing held under the procedure, the Executive Director of Affirmative Action will select a three (3) person hearing board from the membership of the Title IX Grievance Committee, two from the constituency to which the respondent reports, and one from the constituency to which the grievant reports. The chairperson of the hearing committee shall be appointed by the Executive Director of Affirmative Action.
J. Hearing Committee Action: When the Executive Director of Affirmative Action receives a response from the respondent, the Executive Director of Affirmative Action shall convene a hearing board from the membership of the Title IX Grievance Committee and shall conduct a hearing on the grievance within twenty (20) calendar days.
K. Hearing of Grievance Before Title IX Grievance Board: Hearings before the hearing board will be conducted in accordance with the procedures designated in Section V of this procedure.
L. Representation: The grievant and the respondent have the right to be represented 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.
M. Record of Hearing: The
hearing will be recorded on recording devices supplied by the Executive
Director of Affirmative Action. These recordings shall be maintained for
a period of three years after resolution of the grievance. The grievant
or respondent may obtain a copy of the tapes from any recorded hearing,
at the requesting party's expense. The deliberations of the hearing board
will not be recorded.
N. Transmittal of the Decision: 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 their recommendation to the Executive Director of Affirmative Action, who will then mail a copy of the written document to the grievant and respondent in the United States mail at the addresses provided by the grievant and the respondent.
O. Appeal of Recommendations of the Grievance Committee: If the grievant or respondent wishes to appeal the recommendations of the hearing board, the respondent and/or grievant shall, within seven (7) days of the receipt of the recommendations, notify the Executive Director of Affirmative Action intent to appeal the grievance to the next level. The notification shall be in writing. If no such notification is received by the Executive Director of Affirmative Action within seven (7) calendar days, any recommendation for corrective actions or sanctions by the hearing board shall be forwarded to the appropriate Vice President for consideration, and the grievance will be recorded as closed by the Executive Director of Affirmative Action. 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.
P. Maintenance of Written Grievance Records: Records shall be kept of each grievance process. These shall include, at minimum: the written grievance complaint filed by the grievant, the written response filed by the respondent, the written finding of the hearing officers, and any other material designated by the coordinator. A file of these records shall be maintained in the office of the Executive Director of Affirmative Action. For purposes of the dissemination of grievance precedents, separate file 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 Open Records Act.
Q. Retaliation: No person shall be subjected to retaliation for having utilized or having assisted others in the utilization of the grievance process.
R. Reconciliation: Nothing in the procedure is intended to prevent the grievant and respondent from resolving the grievance by signing a written statement of agreement and submitting it for approval to the Executive Director of Affirmative Action. If the agreement is approved, it will be placed in the file maintained by the Executive Director of Affirmative Action.
Hearing Procedure
B. 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.
C. The hearing shall be mechanically recorded. Any party involved may obtain a copy of the recording from the hearing officer at the expense of the requesting party.
D. All parties shall have the right to advise of counsel of his/her choice; however, neither party may proceed through counsel.
E. The grievant and respondent shall provide the Executive Director of Affirmative Action with all documents to be used and relied on at the hearing, and with the name, address and telephone number of counsel and witnesses no later than five (5) days prior to the date of the hearing. There will be a simultaneous exchange of this information between the parties, which will be facilitated by the Executive Director of Affirmative Action three (3) days before the date of the hearing. Witnesses not listed will not be allowed to address the hearing board. Any advisor not listed will not be allowed to attend.
F. 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 Affirmative Action.
G. At the conclusion of the hearing, the hearing board shall deliberate in closed session.
Appeal to Vice President
The Vice President's review is the final institutional step in matters of Title IX grievances. Nothing precludes the student or employee from filing a complaint with any external agency that handles discrimination complaints.