| Discrimination/Harassment
Complaints
Who
May Contact the OED to File a Complaint of Discrimination/Harassment?
- Employees
- Applicants for Employment
- Students
- Recipients of University
Services
The OED's assistant
director/investigator ("investigator"), who is neither
an advocate nor a defender for any party to a complaint is available
at 608-263-2378 to discuss concerns by phone or by appointment.
What
Types of Complaints Can be Filed with the OED?
Informal Complaint
The informal complaint
will be in writing, signed by the complainant, and delivered to
the OED. The OED investigator serves as facilitator to resolve
the matter without an investigation. It is an effort to reach
a resolution that is mutually agreeable to the complainant and
the respondent.
Formal Complaint
Like the informal
complaint, the formal complaint will be in writing, signed by
the complainant, and delivered to the OED. An investigation will
be conducted by the OED investigator, which generally results
in a written report from the OED to the respondent's supervisor,
personnel officer, department chair, dean, or director, as determined
appropriate by the investigator. If appropriate the report will
include recommendations for corrective action.
How
is a Complaint of Discrimination/Harassment Filed with the OED?
An individual may
file a complaint by mail or in person at:
Office of Equity and Diversity
179A Bascom Hall
500 Lincoln Dr., Madison, WI 53706.
Individuals may contact
the OED at (608) 263-2378 (voice) or (608) 263-2473 (TTY).
What
Information Must be Provided to File a Complaint?
- the complaining party's
name, address, and telephone number;
- the name, address,
and telephone number of the responding individual or individuals;
- a short description
of the alleged violation(s);
- name(s) of witnesse(s);
- date(s) of alleged
violation(s);
- the relief that is
being sought.
What
Are the Time Limits for Filing a Complaint of Discrimination/Harassment?
Only conduct alleged
to have occurred within three hundred (300) days of the filing
of the complaint shall be investigated, unless the conduct is
part of a continuing pattern of conduct, some of which occurred
within the three hundred-day limitation.
What
Happens After a Formal Complaint is Filed With the OED?
- The purpose of the
formal complaint investigation is to establish whether it is likely
that the alleged conduct occurred and may be a violation of discrimination
laws and policies, and if so, to make recommendations for corrective
action. Investigations will be conducted as promptly as possible.
At any time during the investigation, a complainant may withdraw
a complaint.
- The OED Complaint
Investigator will inform the alleged offender (Respondent) and
his/her supervisor about the allegations in the complaint and
whether the Complainant has received a "Pledge of Confidentiality."
The Respondent and his/her supervisor will each receive a copy
of the complaint and OED Procedures for Handling Complaints of
Discrimination and Prohibited Harassment.
- The OED Complaint
Investigator will conduct interviews with the Complainant, the
Respondent, and others believed to have relevant information regarding
the allegations. Inquiries may include, but are not limited to:
- knowledge of the conduct
alleged in the complaint;
- frequency of the occurrence
of the alleged conduct;
- dates or time period
over which alleged conduct occurred;
- location of the alleged
occurrence(s);
- specific relationship
of the parties to each other and to interviewees and other relevant
third parties; and
- the effect of the
Respondent's alleged conduct on the Complainant and other persons
in the workplace or academic environment.
The OED Complaint Investigator
will inform interviewees that confidential information regarding the
complaint is only shared within the University on a strictly "need
to know" basis. Once the complaint investigation is completed, the
OED Complaint Investigator will issue a preliminary report to the
OED Director or designee. The report will include:
- a summary of the Complainant's
allegations;
- a summary of the Respondent's
response to the allegations;
- a citation to relevant
laws and policies;
- a summary of the information
obtained during the course of the investigation;
- an analysis of whether
it is likely that the alleged conduct occurred and may be a violation
of discrimination law and/or policy; and
- an recommendations
for corrective action.
The OED Director, or designee,
will review the preliminary report, make a final determination, and
will report verbally or in writing to the Respondent's supervisor
on the results of the complaint investigation. The OED Director will
inform the Respondent's supervisor that: 1) the Director is available
to discuss any questions or concerns the supervisor may have about
the report; 2) the supervisor should inform the Director whether the
supervisor accepts or rejects the recommendations; and 3) the supervisor
should advise the Respondent of the results of the investigation and
any corrective action to be taken, including whether the matter will
be referred for possible disciplinary action under the relevant sections
of Faculty Policies and Procedures, the Policies and Procedures Governing
Academic Staff, other applicable institutional policies or regulations
or any relevant labor agreements. The Complainant will be advised
that the investigation has been completed and that a report has been
provided to the Respondent's supervisor who will determine what, if
any, further action will be taken. Complainants who are dissatisfied
with the results will be informed about external complaint procedures,
except if the matter is a student discrimination complaint under Section
36.12, Wisconsin Statutes. In that case, the student Complainant will
be notified of his/her right to appeal to the Chancellor. The OED
Director may recommend specific corrective action when it is believed
that violations of federal or state law or UW-System or UW-Madison
policies or regulations have occurred, and may also recommend corrective
action when violations have not occurred but problematic conduct or
practices, etc., uncovered during the investigation, have contributed
or may contribute to a perception of discrimination.
What
are Some Possible Results from Filing a Formal Complaint with the
OED?
Possible results include:
Corrective action may be recommended. This may include:
- agreement by Respondent
to stop the behavior
- formal apology
- training, counseling,
and coaching regarding employment expectations in the academic
work environment at UW-Madison.
- Disciplinary action
may be recommended or imposed upon the alleged offender. This
may include:
- a written reprimand
placed in the alleged offender's employment or academic file;
- disciplinary transfer
to another job location; loss of merit pay;
- employment or
academic suspension;
- discharge or expulsion.
- No further action
may be taken because key facts relating to the alleged discrimination/harassment
were not established or the facts do not establish that discrimination/harassment
occurred.
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