George Mason University (GMU) is committed to providing faculty, staff and students with an environment where they may pursue their careers or studies free from discrimination. The cornerstone of this policy is the University's Non-Discrimination Policy which reads as follows:
George Mason University is an equal opportunity and affirmative action employer committed to the principle that access to study or employment opportunities afforded by the university, including all benefits and privileges, be accorded to each person-student, faculty, or staff member-on the basis of individual merit and without regard to race, color, religion (employees), national origin, disability, sexual orientation, veteran status, sex or age.George Mason University shall maintain a continuing affirmative program to promote equal opportunity and to identify and eliminate discriminatory practices in every phase of university operations. Furthermore, affirmative action will be taken to ensure that opportunities afforded by the university are fully available to minorities, women, persons with disabilities, disabled and Vietnam era veterans. The University will make every reasonable accommodation to enable students and employees with disabilities to undertake work or study for which they qualify.
As required by the Civil Rights Act of 1964, as amended, in particular Titles VI & VII, the University is committed to the broad application of Executive Order 11246, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975.
Students or employees should bring problems or questions regarding EO/AA policies or procedures to the attention of the supervisor, department chair, the dean of Student Services, an academic dean, the director of Human Resources, the university Ombudsman, a trusted staff or faculty member, the Women's Studies Center, or the vice president and university equity officer, D105 Mason Hall, 993-8730. Students with disabilities may also contact Disability Support Services in Room 119 C Finley Building or call 993- 2474.
(** N.B. Allegations of Sexual Harassment are reviewed under a separate process at GMU. That process is also administered by the University Equity Office. Contact the University Equity Office in Room D105 Mason Hall or call (703) 993-8730 for more information.)
I. Purpose and Scope
This complaint procedure is intended to provide a fair, prompt and reliable determination about whether the University's non- discrimination policy has been violated. It is available to anyone who, at the time of the alleged incident, was either employed by or enrolled at George Mason University or were applicants for either employment or enrollment at GMU. No University employee or student is exempt from the jurisdiction of this policy.
In most instances, the complainant will be the victim of the alleged discrimination. However, the University reserves the right to initiate formal proceedings against an employee or student who has demonstrated a continuing pattern of discrimination. The University Equity Officer will determine when the University should pursue the charges against an alleged discriminating person(s), (ADP).
In determining whether an alleged incident constitutes discrimination, those entrusted with administering this policy will look at the totality of the circumstances, such as the nature of the incident and the context in which the alleged incidents occurred. The determination of a suitable penalty will be made from a finding of fact on a case-by-case basis and from any record of previous discrimination by the ADP.
As in any complaint procedure, justice requires that the legal rights as well as the right to academic freedom of the complainant and the ADP be fully assured. The University will make every effort to protect these rights.
This procedure is not intended to impair or limit the rights of an individual to seek a remedy available under state or federal law, or through the internal administratively guaranteed processes such as the classified grievance system, the faculty grievance process or the student judiciary system. A complainant may file a complaint through one of the internal processes or with an external agency to meet state and federal agency deadlines.
However, if a complainant utilizes another internal grievance process or seeks relief outside the University (e.g., EEOC, OCR, state or federal courts) the University reserves the right to suspend this process or hold it in abeyance.
II. Timelines
Complainants are encouraged to file a charge as soon as possible after an alleged incident of discrimination has occurred. However, the University is aware that this is not always possible. Therefore, GMU strongly encourages individuals who believe that they have been discriminated against to file a complaint with the university administration within four months or 120 calendar days following an incident. If the complainant can show good cause to do so, the timeline may be waived by the Vice President and University Equity Officer. This waiver should normally not exceed six months or 180 calendar days from the date of the last incident of alleged discrimination.
It is the University's goal to process complaints covered under these procedures within 180 days of the date the complaint is filed in the University Equity Office.
III. Retaliation
Any retaliation against members of the George Mason community who exercise their right to file charges of discrimination is strictly prohibited by federal law and university regulations. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to, or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. If this happens, the complainant may file another complaint alleging such harassment or intimidation.
Charges of retaliation shall be treated as separate and distinct from the original charges and allegations and will be investigated by the University Equity Office.
IV. Informal Process
Persons with allegations of discrimination are encouraged to consult and seek an informal resolution through their immediate supervisors, department chairs, the Dean for Student Services, an Academic Dean, the Director of Human Resources or the Vice President and University Equity Officer to learn about the options and resources available to them. In some circumstances informal resolution of a complaint may prove to be more beneficial than the protracted formal process. Even though efforts are being made to handle the complaint informally, university personnel are required to contact the University Equity Office about the existence of the complaint within ten (10) calendar days of initial contact with the complainant.
The immediate supervisor, department chair, Dean for Student Services, Academic Dean, or Director of Human Resources, is responsible for: 1) making an inquiry into the matter; 2) counseling both parties; 3) negotiating and/or mediating an informal resolution; and 4) notifying the University Equity Office in writing about the results of the informal process within 30 days.
If all attempts at informal resolution are unsuccessful, the complainant, if they chose to file internally, must file a formal complaint, within the established timelines, with the University Equity Office.
V. Filing a Complaint
Any individual who chooses to file a discrimination complaint should do so with the Equity Office in accordance with the timelines outlined in Section II. (Timelines) above. The Equity Office will advise complainants about the formal complaint procedure as well as possible sanctions and forms of remedy. When appropriate, the Equity Office may also recommend counseling or other support services which provide assistance to the complainant. One of the goals of the Equity Office is to work fairly with all parties and advise all parties of their rights and responsibilities under these and similar procedures.
In most instances, the complainant will be the victim of the alleged discrimination or harassment. However, the University reserves the right to initiate formal proceedings against an employee or student. The University Equity Officer, in conjunction with the ADP's Executive Vice President, will determine when the University should pursue the charges against an ADP.
The Equity Office will maintain a record of all complaints received, including complainants' and ADP's names, and the determination.
VI. Formal Procedure
A complainant may file a formal complaint immediately or may do so after efforts to reach an informal settlement prove unsuccessful.
The complainant must present the complaint in writing. It will state clearly and concisely the complainant's description of the incident(s); it will also indicate any remedy sought. The complaint must be signed by the complainant. The Equity Office will send a copy of the complaint to the ADP & the ADP's Executive Vice President.
The ADP will have ten working days to respond in writing (unless the Vice President & University Equity Officer has amended the timeline in accordance with Section II above). This statement will contain full and specific responses to each claim, complaint, admitting, denying or explaining the complainant's allegations. The ADP must sign his or her statement which will then be appended to the original complaint. Within five working days, the Equity Office will forward both statements to the complainant, the ADP, and the ADP's Executive Vice President.
A fact-finder will be assigned by the Vice President & University Equity Officer to investigate the allegations. Both the Complainant and ADP will have the opportunity to meet and discuss the allegations with the fact-finder and may present any witnesses in support of their statements to the fact-finder during the course of the investigation.
VII. Determination of the Vice President & University EquitOfficer
The evidence is gathered and presented by the investigating fact- finder, to the Vice President & University Equity Officer to determine whether the University's policy on discrimination has been violated. If the policy has been violated, the Vice President & University Equity Officer will prepare a determination and will recommend a penalty for the ADP and relief for the complainant. The findings of fact as well as the recommended penalty and relief will be based solely on the preponderance of evidence presented to the Vice President & University Equity Officer.
The ADP's Executive Vice President shall be in receipt of a complete copy of the determination/recommendation. The Executive Vice President may accept the decision or may remand the decision back to the Equity Office after reviewing the decision and the record of the proceedings. If the Executive Vice President remands the case back to the Equity Office, the Executive Vice President may only do so on the following grounds: 1) new or material evidence unavailable to the investigative fact-finder during the investigation; or 2) the Executive Vice President's decision to modify the penalty. In cases where the Executive Vice President remands the case back to the Equity Office on the above grounds, a meeting will be held between the Vice President & University Equity Officer and the Executive Vice President. The result of that meeting will be the final disposition of this matter. (Please note, the Executive Vice President may never reject or modify the recommended penalty without remanding the case back to the VP & UEO, and thus having a meeting to discuss the reason for changing the recommended penalties.)
If the Executive Vice President accepts the decision, he/she must notify the Vice President and University Equity Officer, complainant and the respondent, not later than fifteen working days after acceptance of the decision. The Executive Vice President will be responsible for implementing both the penalty and remedy in a timely manner.
VIII. Appeal by Written Petition
The Complaint(s) has the right to appeal the decision of Vice President and University Equity Officer and the Executive Vice President by petitioning the President's Office. The written appeal must be made within twenty (20) calendar days of receipt of the determination letter from the Executive Vice President. This appeal can only be made on the grounds that there is new or material evidence unavailable at the time of the investigation or on the belief that there was a procedural violation of these university's procedures. The President, or his designee, will render a written decision within fifteen (15) working days from receipt of the appeal.
The President may reserve the right upon review to:
a) affirm or revise the decision of the Executive Vice President; or b) request specific findings from the Vice President & University Equity Officer; or c) remand the case to the Vice President & University Equity Officer for further review of the record.
Once this is concluded, the complainant will not have further appeal rights under this process within the University.
At any point in the process should either party believe that the university has not responded to his/her needs, he/she can file a complaint with any of the outside agencies listed below or may utilize the appropriate administrative grievance procedures available to instructional faculty, classified staff or students. Please note that if either party intends to file with an outside agency as listed below, they must do so within 180 days of the incident that precipitated the complaint:
Office of Equal Employment Services
Commonwealth of Virginia
Department of Personnel and Training
James Monroe Building
101 North 14th Street
Richmond, VA 23219
(804) 225-2135
US Equal Employment Opportunity Commission
Washington Field Office
1400 L Street, NW, Suite 200
Washington, DC 20005
(202) 275-7037
Office for Civil Rights
US Department of Education
Region III
3535 Market Street, Room 6300
Philadelphia, PA 19104-3326
(215) 596-6170
IX. Records
Records of all formal mediation and reviews will be kept by the office of the Vice President & University Equity Officer. The records will be available to: the Vice President & University Equity Officer, an ADP's Executive Vice President, and to the President only in the following circumstances:
a) when determining an appropriate procedure or penalty for a subsequent discrimination complaint; b) when a complaint of retaliation is made; c) when a decision is reviewed; or d) when an ADP is a candidate for a supervisory position.
The records will be available to the University's Legal Affairs Liaison and the Commonwealth's Attorney General's Office, if needed, for any proceeding related to this policy and procedures, whether internal to the University or in any judicial or administrative proceeding in which the University, its trustees, officers, employees or agents are a party.
Any records concerning students will be maintained in accordance with all pertinent federal and state laws and regulations.
September 1994
December 1994-R