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SCSU AFFIRMATIVE ACTION/DISCRIMINATION  

COMPLAINT PROCEDURE

Consistent with Chapters 67 and 68 of the Connecticut General Statutes, Southern Connecticut State University has established an internal complaint procedure designed to resolve student or employee allegations of discrimination, promote the expeditious resolution of any such allegations, and assure aggrieved parties that legal options for filing complaints with various enforcement agencies are not foreclosed.

This complaint procedure is outlined in the following pages and is available to any employee, student, or aggrieved person who feels that he or she has been discriminated against on the basis of race, color, religious creed, sex, age, national origin, ancestry, marital status, sexual orientation or disability including, but not limited to blindness, learning disability, physical disability, mental disorder, mental retardation, genetic background, or criminal record.

This complaint procedure is consistent with the policy and procedures outlined in guidelines promulgated by the Connecticut Commission on Human Rights and Opportunities (CHRO), the Americans with Disabilities Act (Title II), Section 504(1047) of the Rehabilitation Act of 1973 and any and all applicable civil rights/anti-discrimination statutes.

In addition to this campus complaint procedure a complaint of discrimination on the grounds stated above may also be filed with the Equal Employment Opportunity Commission (EEOC), the Connecticut Commission on Human Rights and Opportunities, the United States Department of Education/Office for Civil Rights, the United States Department of Labor/Wage and Hour Division, and any other department, bureau or commission as permitted by any other state or federal law or by any employee's union policy.

All grievance investigations and pertinent written materials will be kept confidential and no Grievant will be retaliated against for exercising his or her options under this section. Filing time-frames are not to exceed thirty days from the date of the incident or the date of resolution.

Training in counseling and in complaint investigations will be provided by the Director of Diversity and Equity Programs.  Additionally, confidential counseling will be available to any employee, student or aggrieved person who grieves discrimination.

All records and complaints relative to discrimination will be confidentially maintained by the Director of Diversity and Equity Programs and reviewed periodically to check for patterns or frequency of prohibited employment practices that bar full and fair participation of protected race group members. Disclosure of such records will be only as required by law.

Individual Rights

The University's Director of Diversity and Equity Programs will: 

  1. Ensure that the rights of the complainant are protected.
  2. Ensure that the University takes steps to eliminate the discriminating practice, if a complaint is found to be legitimate.
  3. Ensure that the complainant is offered the opportunity to carry the complaint to the extent allowed by law in order to effectuate a resolution.
  4. Advise of legal options to file complaints with the Connecticut Commission on Human Rights and Opportunities (CHRO), the United States Equal Employment Opportunity Commission, The United States Department of Labor/Wages and Hour Division, any other agencies/state, federal, or local/that enforce laws concerning discrimination in employment. Time-line for filing with CHRO is 180 days, and for filing with the United States Equal Opportunity Commission is 300 days, contingent upon the individual's having filed with CHRO within its 180 filing period.
  5. Ensure the complainant that no retaliation will be inflicted upon him or her because he or she has opposed any unlawful employment practices or has made charges, testified, or participated in any actions under Title VII, IX or other State or Federal laws or regulations. To retaliate in any way is considered a separate violation of the law.

DISCRIMINATION COMPLAINT PROCEDURE

I . Filing a Complaint 

a.    The aggrieved person (hereinafter called the Complainant) must file a written complaint with the Director within thirty (30) days following the act or omission giving rise to the complaint or the date hereinafter on which the Complainant knew or reasonably should have known of such act or omission. The Complainant must follow the format in Appendix A.    

b. Upon receipt of a written complaint, the Director shall immediately provide a copy  of  the complaint (applies to AAUP members only) and any supporting documentation provided by the Complainant to the Respondent.   

II. Time Limits 

  1. "Working Days" are defined as days when the administrative offices of the University are open for business.
  2. The Complainant, the Respondent (or the Director) may request an extension of a deadline by filing a written request with the Director. Such extension may be granted only when agreed to by the Director, the Complainant and the Respondent.
  3. A complaint may be held in abeyance when any party is not required to be at work (e.g., an instructional faculty member during the summer). The Director shall decide whether a hold is appropriate and shall notify all parties.

III. Director's Investigation of The Complaint 

A.      The Director shall investigate the complaint and shall interview the Complainant, the Respondent and any other parties he/she deems appropriate.  The Director may conduct an in-person interview or conduct an interview by email requiring that a list of interview questions be completed in writing.  The Director may also request an appraisal by an independent professional in the specific area of the complaint.

B.      The Director shall issue a written decision, which may include a recommendation, within ninety (90) working days of the date the complaint was filed pursuant to Section I-A.

C.      The Director will immediately provide the President with copies of the complaint and his/her decision rendered under Section III-B.

D.      Once the president has approved the report, notification of the decision must follow the format in Appendix B.

E.      The Director shall immediately provide copies of the findings to the Complainant and the Respondent.

F.       The Director may make recommendations to Human Resources concerning disciplinary action for employees who fail to cooperate with a discrimination investigation.

IV. Appeal Process (for AAUP members only)

Note: Students may also file an appeal following the student handbook appeals process:

A.  Filing an appeal: (applicable to AAUP members only)

 

 

 

 

 

 

 

    1. Within fifteen (15) working days of the issuance of the Director's decision the Complainant or the respondent may file an appeal of the decision. The appeal and all supporting documentation shall be submitted in writing to the President, with copies to the Director and other parties to the complaint.  
    2. The format for the appeal must follow the format in Appendix C.

       

    3. If no written appeal is filed within fifteen (15) working days of the issuance of the Director's decision, the Director will so notify the President, complainant and the respondent (see Section V).

V. President's Review 

  1. If no appeal of the Director's decision is filed, the President shall issue a written decision within fifteen (15) days of receiving notice from the Director pursuant to Section IV-A(2). The President shall immediately notify all parties in writing of his/her decision. If necessary, the President shall forward the matter to the appropriate University administrators for action.

     

  2. If an appeal of the Director's decision is filed, the President shall conduct a review of said appeal and issue a written decision within fifteen (15) days of the appeal. The President shall immediately notify all parties in writing of his/her decision. If necessary, the President shall forward the matter to the appropriate University administrators for action.

VI. Withdrawal Of The Complaint Or Appeal

At any step of the process, the person filing a complaint or appeal may withdraw his/her action by filing a written statement of withdrawal with the Director. However such a withdrawal does not negate the responsibility of the Director to conduct or complete an investigation that was initiated.

 

Revised 3/7/07