Procedures to Address Protected Characteristic Discrimination

(Non-sex based complaints, "Procedure B" of the UIS Policy Prohibiting Discrimination, Including Harassment and Sex-Based Misconduct)

The commitment of the University of Illinois to the most fundamental principles of academic freedom, equality of opportunity, and human dignity requires that decisions involving students and employees be based on merit and be free from invidious discrimination in all its forms.

The University of Illinois will not engage in discrimination or harassment against any person because of the following protected categories: race, color, religion, sex, national origin, ancestry, age, order of protection status, genetic information, marital status, disability, sexual orientation including gender identity, unfavorable discharge from the military or status as a protected veteran and will comply with all federal, state, and applicable local nondiscrimination, equal opportunity and affirmative action laws, orders, and regulations. In furtherance of the University’s commitment to the principles of equality and equal opportunity for all students, faculty, staff, and visitors, this policy and the associated procedures are established to provide a means to address complaints of discrimination or harassment based on the protected categories. The University will comply with all federal and state nondiscrimination, equal opportunity, and affirmative action laws, orders, and regulations. We encourage a campus environment that is inclusive to all members of society without regard to race, religion, gender, gender identity, disability, age, or veteran’s status.

The University is committed to providing prompt and effective resolution of incidents of discrimination or harassment. The University encourages informal resolutions of discrimination complaints as close to the source as possible. If disciplinary action is warranted, discipline will be imposed on a case by case basis in accordance with the facts and with applicable university statutes and relevant university policies. Reprisals against any person for participating in this process will not be tolerated.

University complaint and grievance procedures provide employees and students with the means for the resolution of complaints that allege a violation of this Statement. Inquiries or complaints should be addressed to the Assistant Director of Access and Equity, Human Resources Building Room 52, UIS, (217) 206-6222, aeo@uis.edu.

The UIS Access and Equity Office (AEO) works collaboratively with other campus offices and partners to provide and participate in learning opportunities related to discrimination, harassment, inclusiveness, respect, and diversity. Individuals and groups within the University community who are interested in such programming, including opportunities specifically tailored to particular environments or learning outcomes should contact AEO.

Section 1. Complaint Resolution Mechanisms

The success of this policy depends in large part upon its ability to protect the confidentiality of all parties involved. The following procedures are to be implemented with the expectation that members of the campus community will respect the confidentiality of the process.

I. Informal Procedure

To ensure the prompt but fair resolution of allegations of discrimination, an informal complaint resolution mechanism may be initiated by either the complainant or by the Assistant Director for Access and Equity, hereinafter referred to as the access and equity officer (AEO).

These procedures are applicable, though not exclusive, for all campus-based employees, including University administration employees, and students and applicants for employment and student admission at UIS.

Employees covered under collective bargaining agreements adhere to the grievance procedures in those agreements, which in some agreements allow the employees to use these discrimination grievance procedures when there is an allegation of discrimination.

The Complainant

To seek an informal resolution of the issue, the complainant, or someone acting with the complainant’s permission on his or her behalf, should lodge a complaint orally or in writing with the AEO. To encourage victims of discrimination to feel free to contact the AEO, callers may use a direct phone line to the AEO (currently 206-6222) or email aeo@uis.edu.

Upon receipt of a complaint the AEO shall first confer with the alleged victim to establish the nature of his/her complaint. The AEO shall discuss options for addressing the complaint, including the option of informal resolution or mediation, based on the facts presented and their application to law and policy. Informal resolution may involve the convening of the person with the concern and the person against whom the concern is lodged, along with other relevant persons requested by the complainant or other parties to the issue, with the consent of the complainant, who may choose to file a formal complaint at any time.

II. Informal Inquiry

Upon receipt of multiple reports against a particular alleged discriminator or upon the receipt of a grievous allegation of discrimination, the AEO may initiate an informal inquiry.

The AEO will inform the alleged discriminator of the nature of the complaint(s) and of the identity of the complainant(s), if known, and will meet separately and/or together with any known complainant(s), the alleged discriminator, and whoever else is necessary to ascertain the factual basis of the complaint(s) and to attempt to resolve the situation informally.

If the situation is not resolved informally within a reasonable period of time, the AEO will report the matter to the appropriate administrator(s) who has direct authority over the alleged discriminator. The administrator(s) may institute formal procedures.

III. Formal Procedure

Whether or not the informal resolution process is initially used, a person alleging discrimination may initiate the formal complaint resolution process by submitting a formal written charge of discrimination to the AEO within 300 days of the occurrence of the matter being complained against, if the complainant is an employee, or within one year of the matter being complained against if the complainant is a student.

Upon receipt of a formal complaint, the AEO shall initiate the process of investigating the underlying allegations, which shall include an opportunity for the complainant to provide all relevant facts and propose any relevant witnesses. In conducting the investigation, the AEO will have unrestricted access to all pertinent material, records, reports, documents, and computerized information in the possession of any campus personnel, and the AEO shall be afforded the opportunity to interview all persons possessing relevant information.

The person against whom the complaint is filed will also be afforded the opportunity to provide all relevant facts and propose any relevant witnesses. The AEO may also confer with additional witnesses or authorities relevant to the facts and circumstances.

Both the complainant and the alleged discriminator may submit whatever information they deem desirable. Obstruction of an investigation of an allegation of discrimination shall be grounds for responsive action or applicable sanctions by the administrator with responsibility to act.

The AEO must consider all relevant facts and circumstances, including any information offered by the person complained against which suggests a non-discriminatory reason for any actions alleged by the complainant to be discriminatory. All relevant facts shall be analyzed to determine if the actions or circumstances complained against have occurred on the basis of – that is, because of – a protected attribute such as disability or race or age or other protected status.

Investigative Report

At the completion of the investigation, the AEO will submit a written report of the investigation to the appropriate administrator with responsibility and authority to act, detailing the findings and, on request from the responsible administrator, suggesting appropriate remedies.

If it is not possible to complete an investigation and report within an objectively reasonable time frame, generally no more than 60 days from the initiation of the investigatory process, the AEO will notify the complainant and the alleged discriminator as to the cause of the delay and the expected time of completion.

Findings in Favor of the Complainant

If the findings are that discrimination has occurred, the appropriate administrator or next higher level administrator shall take appropriate corrective action to end the discrimination and take reasonable steps to avoid the recurrence of the misconduct. Disciplinary action or sanction against the discriminator, ranging from reprimand to discharge, shall be taken.

The corrective action should reflect the frequency and/or severity of the conduct, and additionally may also include counsel to prevent future occurrence. The AEO and the appropriate administrator shall make follow-up inquiries to ensure the discrimination has not resumed and the victim and/or anyone cooperating in the investigation have not suffered retaliation. If or when a student is found to have violated a campus discrimination policy, the violation is considered a non-academic violation of the Student Code. When the Dean of Students or other responsible Student Affairs executive administrator deems that disciplinary action must be taken, disciplinary proceedings as specified by the Student Code must be implemented.

Findings in Favor of the Alleged Discriminator

If the findings are that discrimination has not occurred, the AEO shall talk with the complainant to attempt to explain why the complaint was ill-founded based on facts. The complainant retains the right to file a complaint with an external agency or the courts.

Inconclusive Findings

If the findings are inconclusive, the AEO will propose and attempt resolution between the parties. Failing resolution, the complaint will be dismissed. The complainant retains the right to file a complaint with an external government agency or the courts.

IV. Documentation

The AEO shall maintain a permanent record of agreements reached under the formal resolution process, including investigative reports, corrective action taken, and follow-up activities. All material and information contained therein is deemed to be confidential and will be made available to parties outside of the process only as required by law.

Should an appeal be taken from the AEO’s findings and recommendations, these records will be made available to the individual or panel hearing the appeal. All records of the AEO and any appeal shall be maintained to ensure proper monitoring and reporting.

Section 2. Appeal

Final decisional authority on substantive and procedural issues related to complaints initiated by a campus employee or student shall reside with the Chancellor.

I. Students

If a student, either complainant or alleged discriminator, is dissatisfied with the Findings and Recommendations of the AEO, he/she may file a written request for a review of the AEO’s Findings and Recommendations with the Office of the Chancellor. The request must be filed within two weeks from his/her receipt of the AEO’s Findings and Recommendations and must state the basis for the appeal.

Upon receipt of the appeal, the Chancellor or his/her designee will make a thorough review of the written record of the grievance, request any additional information and within 30 days following receipt of the appeal will issue a written decision.

II. Campus Faculty and Academic Professionals

If a campus faculty or academic professional, either complainant or alleged discriminator, is dissatisfied with the Findings and Recommendations of the AEO, he/she may file a written request for a review of the AEO’s Findings and Recommendations with the Office of the Provost. The request must be filed within two weeks from his/her receipt of the AEO’s Findings and Recommendations and must state the basis for the appeal.

Upon receipt of the appeal, the Provost or their designee will make a thorough review of the written record of the grievance, request any additional information and within 30 days following receipt of the appeal will issue a written decision.

If a campus faculty or academic professional is dissatisfied with the decision of the Provost’s Office, they may within two weeks of the decision file a written request for review by the Chancellor’s Office.

III. Civil Service Employees

If a civil service employee, either grievant or alleged discriminator, is dissatisfied with the Findings and Recommendations of the AEO, he/she may file a written request for a review of the AEO’s Findings and Recommendations with the Office of Human Resources.

The request must be filed within two weeks from his/her receipt of the AEO’s Findings and Recommendations and must state the basis for the appeal.

Upon receipt of the appeal, the Executive Director of Human Resources or his/her designee will make a thorough review of the written record of the complaint, request any additional information and within 30 days following receipt of the appeal will issue a written decision. If a civil service employee is dissatisfied with the decision of the Human Resources Office, he/she may within two weeks of the decision file a request for review by the Chancellor’s Office.

Upon receipt of the appeal, the Chancellor or her/his designee will make a thorough review of the written record of the grievance, request any additional information and within 45 days following receipt of the appeal will issue a written decision that shall be final upon all parties to the complaint. If/when a civil service employee is found to have violated a campus discrimination policy and the responsible administrator recommends that disciplinary action be taken, the employee is covered by the applicable statute and Civil Service Policies and Rules.

IV. Campus-based University Administration Employees

Campus-based University Administration employees must file complaints of discrimination or harassment with the Office of Human Resources and Equal Opportunity in the President’s office of the University.

Section 3. Special Circumstances

I. The Complaint of Discrimination is Against the Assistant Director for Access and Equity

When the alleged discriminator is the AEO, the Chancellor’s designee shall be deemed to serve in the role of the AEO for purposes of implementation of these procedures.

II. The Grievance of Discrimination is Against the Chancellor

When the alleged discriminator is the UIS Chancellor, the complainant shall lodge a complaint in writing with the President of the University of Illinois:

364 Henry Administration Bldg. 506 S. Wright St.
Urbana, Illinois 61801
Phone: (217) 333-3071

III. Acts of Retaliation

It is a violation of this policy to retaliate against a person for complaining of discrimination or harassment, or for assisting, participating, or cooperating in an investigation of the same. When retaliation is charged, the complaining party can utilize the grievance resolution mechanisms specified in this policy. Retaliation is a basis for disciplinary action or sanctions by the appropriate administrator.

Complaints Filed Externally

Students and employees have the right to file complaints with external human rights enforcement agencies at any time within the boundaries of those agencies filing limits, which in some cases, extend 180 days from the alleged discriminatory incident or harm. When complaints are filed externally, the University will conduct its own investigation into the allegations in response to the complaint and comply with all agency requirements.

Employees who believe they have experienced unlawful discrimination or sexual, racial, or religious harassment at the University of Illinois Springfield, and students who believe they have experience sexual harassment or other sexual misconduct, may initiate a complaint with the Illinois Department of Human Rights by calling, writing, or visiting the office:

Illinois Department of Human Rights 222 S. College St.
Springfield, IL 62704
(217) 785-5100

IDHR also assists employees with filing complaints with the U.S. Equal Employment Opportunity Commission.

Students may also file complaints of unlawful discrimination with the U.S. Department of Education’s Office for Civil Rights, at:

Office for Civil Rights, Chicago Office
U.S. Department of Education 500 W. Madison St
Suite 1475
Chicago, IL 60661

Complaints should be initiated as soon as possible after the action complained of and must generally be brought within 300 days of the occurrence.

The filing of a charge of discrimination with an external government body/court does not allow UIS to cease action on an internal complaint under this policy nor does the filing of such a complaint affect the obligations of the campus with regard to the awareness and remedy of discrimination.

UIS must take prompt remedial action upon learning of allegations of discrimination as a result of either an internal or external complaint being made.

These procedures are applicable, though not exclusive, for employees, including student employees, all students, and all applicants for employment and student admission at UIS. Employees covered under collective bargaining agreements adhere to the grievance procedures in those agreements, which in some agreements allow the employee to use these discrimination grievance procedures when there is an allegation of discrimination.