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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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