Procedure 12 - Nondiscrimination in Employment
A. Discrimination/Affirmative Action Complaint Resolution
Staff Diversity & AA/EEO Compliance has the responsibility for processing all staff discrimination complaints received from government agencies such as the Equal Employment Opportunity Commission (EEOC), Department of Fair Employment and Housing (DFEH), Department of Labor (DOL), and the Office of Civil Rights (list not inclusive) according to the procedures outlined below:
1. Upon receipt of a complaint, a copy shall be forwarded to the Office of General Counsel of The Regents, Campus Counsel, appropriate department manager(s) and campus official(s), and the Assistant Vice Chancellor, Campus Human Resources (CHR).
a) If the complainant is an employee, the assigned Staff Diversity & AA/EEO Compliance Consultant shall confer with the appropriate Employee Relations consultant on the current status of any complaints or actions and to obtain pertinent background information.
b) If the complainant is an applicant, the assigned Staff Diversity & AA/EEO Compliance Consultant shall confer with the appropriate Employment Representative for background information.
2. The SStaff Diversity & AA/EEO Compliance Consultant will investigate the complaint and will have access to all records, department managers, officials and employees.
3. Upon completion of the investigation, the SStaff Diversity & AA/EEO Compliance Consultant will review the findings with Staff Diversity & AA/EEO Compliance and the Office of General Counsel of The Regents.
4. Depending upon each agency's procedures, the University's response will either be sent directly to the agency, or held in Staff Diversity & AA/EEO Compliance until requested. When the response is sent to the agency, copies shall be forwarded to the Office of General Counsel of The Regents, Campus Counsel, the appropriate department manager(s) or campus official(s), and the Assistant Vice Chancellor, CHR.
5. If recommendations for resolution of the complaint are to be made at any time during the campus investigation or agency negotiation process, the recommendations shall first be reviewed by the Office of General Counsel of The Regents for any University or HEERA policy and/or procedural implications. The Staff Diversity & AA/EEO Compliance Consultant will then submit the recommendations for resolution of the complaint to the Department Head.
6. If the complaint is not resolved at the Department Head level, the findings and recommendations will be submitted to the Associate Vice Chancellor, Administrative Services prior to submission to the appropriate campus official(s) and/or the Administrative Vice Chancellor for any further action.
7. Any action taken by the appropriate campus official(s) and/or the Administrative Vice Chancellor, and any settlement agreement or other type of closure letter, will be disseminated to those persons listed in numbers 1 and 4 above.
B. Sexual Harassment Complaint Resolution
Sexual harassment of faculty, staff and students is prohibited by University policy as well as by federal and state law. The procedures for handling sexual harassment complaints are as follows:
1. Assignment of Responsibility
a) It is the responsibility of department heads, managers, and supervisors to take reasonable steps to prevent sexual harassment and correct it when it occurs. This responsibility involves being aware and sensitive and includes taking disciplinary action when appropriate. It should be made clear through verbal and/or written communication to all parties that inappropriate behavior shall stop immediately and that administrative intervention and/or action will be taken as warranted. When information or acts come to the attention of these officials, they should immediately determine the facts and ensure that the people involved are informed about this policy.
b) Department heads, managers, and supervisors are responsible for providing pertinent information to their employees regarding the procedures and resources. Because of the serious and sensitive nature of sexual harassment and the frequently changing case law in this area, it is strongly recommended that persons with inquiries or complaints be referred to a Sexual Harassment Information Center Counselor or Complaint Resolution Officer. Department heads, managers, and supervisors should also refer to these resources for information when attempting to resolve sexual harassment complaints.
2. Sexual Harassment Complaint
For purposes of these procedures, a complaint will be distinguished from an inquiry or a formal grievance. A complaint shall be defined as any written or oral statement to a University official (e.g., Complaint Resolution Officer, supervisor, department head, dean, vice chancellor), the purpose of which is to inform the University that sexual harassment may be occurring and to provide the appropriate University officials with information sufficient to investigate the complaint. Once such a statement is made, the University is considered by law to be "on notice" and is required to investigate the complaint.
Note: In a sexual harassment inquiry, unlike a complaint or formal grievance, the inquirer/complainant is not asked to reveal the identity of the alleged harasser or department when requesting information about sexual harassment. This preserves the anonymity of the case, and allows the inquirer the full range of options available.
The primary purpose of the complaint resolution procedure is to attempt resolution of the complaint at the earliest stage possible. The complaint resolution procedure is available to UCLA students, faculty, and staff.
3. Time Limits
There are no time limits for initiating a sexual harassment complaint. There are, however, time limits for filing a formal University grievance or for filing a complaint with outside agencies.
a) Relationship of complaint resolution process to other University grievance procedures.
There are two circumstances under which a complainant may wish to use a formal University grievance procedure:
i) If the complainant wishes to use a formal grievance procedure instead of the Complaint Resolution Procedures, the complainant must follow the time limits set forth in the relevant grievance procedure. In most cases, this is 30 days after the last alleged incident of harassment or from the time the complainant knew or reasonably should have known of an action (for example, an act of retaliation) taken as a result of the allegation of sexual harassment.
ii) If the complainant has filed a complaint under these Sexual Harassment Procedures but is not satisfied that management action has resolved the complaint or believes that there has been no action, the complaint may utilize the relevant grievance procedure. The grievance procedure time limit is measured from the time of the act complained of, that is, commencing upon completion of the investigation or mediation process, which shall be deemed concluded upon the date a decision is issued under the Sexual Harassment Complaint Procedures (refer to Section VII).
b) Relationship of complaint resolution process to outside agency time limits.
The filing of a complaint under the Complaint Resolution Procedure does not excuse the complainant from meeting the time limits of outside agencies, which are described below.
i) The California Department of Fair Employment and Housing (DFEH): 365 days from the last alleged incident of harassment or from the time the complainant knew or reasonably should have known of an action taken as a result of the alleged sexual harassment.
ii) The Equal Employment Opportunity Commission (EEOC): 300 days from the last alleged incident of harassment or from the time the complainant knew or reasonably should have known of an action taken as a result of the alleged sexual harassment. EEOC has responsibility for investigating allegations of sexual harassment under Title VII, relating to employment.
iii) The Office for Federal Contract Compliance: 180 days from the alleged violation.
iv) The Office of Civil Rights (OCR): 180 days from the last incident. OCR has responsibility for enforcement of Title IX as it relates to educational opportunities.
4. Complaint Resolution Procedures
Information and Counseling Regarding Sexual Harassment
|Inquirer (including complainant/ department head/manager/ supervisor)||Contacts a Sexual Harassment Information Center counselor for information.|
|Information Center Counselors||Provide information regarding applicable laws, University policies, and procedures. Information provided may be oral or written and will include: names and locations of Complaint Resolution Officers, how to initiate a complaint, and if applicable, information about possible steps to prevent further harassment.|
|Campus OMBUDS Office||Upon request of inquirer/complainant or alleged harasser, and with consent of both parties, may attempt informal mediation.|
Initiating a Fact-finding Investigation Alleging Sexual Harassment
|Inquirer/ Complaintant||Contacts Complaint Resolution Officer for information regarding initiation of sexual harassment complaint resolution procedure.|
|Complaint Resolution Officer (CRO)|
|Appropriate Administrator or Designee||If the alleged harasser is not subject to the Faculty Code of Conduct, submits a fact-finding report to the appropriate administrator(s). |
The following administrators have been designated for these procedures:
Note: The alleged harasser may have the right to file a grievance. That right is derived from grievance policies and procedures applicable to the alleged harasser.
During the complaint resolution process, and in accordance with existing policies and laws, every reasonable effort shall be made to protect the privacy of all parties. Extremely sensitive information is gathered during the processing of a sexual harassment complaint. California law provides constitutional and statutory protection for the privacy of individuals. The right of privacy includes both limitations on disclosure of personal information about an individual and a right of access to information about oneself. Disclosure of information gathered in the processing of a sexual harassment complaint requires a balancing of privacy interests of the complainant and the accused. The University cannot make an absolute guarantee that information that is provided regarding possible sexual harassment will remain confidential. The University can assure individuals that it will keep the information confidential to the extent required by law and to the extent the due process protections afforded the accused are protected.
a) No records kept by designated Sexual Harassment Information Centers shall include the names of parties or other information which would permit identification of the parties. Information will be maintained on the number of complaints and locations receiving complaints for statistical purposes only. No written records are maintained which identify complainants or accused individuals.
b) Files pertaining to investigations conducted by the CRO shall be kept confidential to the maximum extent permitted by law, but disclosure of these records may also be required by the applicable law. CROs shall maintain records of complaints, investigative reports, and the outcome of recommendations in conformance with privacy requirements.
c) Written records of mediation agreements may be retained by the Ombuds Office. No other written records shall be maintained by the Ombuds Office.
d) As permitted by law and University policy, information about the final results of the investigation may be disclosed to the complainant.
During the complaint resolution process, the complainant may be accompanied by a representative of his or her choosing at all meetings at which the complainant is present. The alleged harasser may be accompanied by a representative of his or her choosing at all interviews. Supervisory or confidential employees may not represent non-supervisory or non-confidential employees. Non-supervisory or non-confidential employees may not represent supervisory or confidential employees.
No person shall be subject to reprisal for using or participating in the informal process or complaint resolution process, or for using or participating in the formal grievance process. A claim that a person has been subject to reprisal or retaliated against for using or participating in the informal process or complaint resolution process or for using or participating in the formal grievance process on account of a claim of sexual harassment shall be treated for the purposes of these procedures as though it were a claim of sexual harassment.
8. Formal Grievance Procedures Alleging Sexual Discrimination
If the complainant chooses not to use the Complaint Resolution Procedures or, having chosen to use the Complaint Resolution Procedures, is not satisfied that management action has resolved the complaint, the complainant may file a grievance. For that process, the grievance must meet all the conditions for acceptability under the applicable complaint or grievance policy or contract article. The appropriate Complaint Resolution Officer, as determined by the complainant's status, should be consulted if there is a question regarding which of the policies apply to a specific complainant. The investigation and mediation process performed by the CRO, as detailed in Section III.B. of these procedures, may constitute the first step of the grievance procedures.
9. Due Process
As with other University policy and procedures, these Sexual Harassment Policy and Complaint Resolution Procedures incorporate due process protection provided by the Federal and State Constitutions. The essence of due process protection is twofold: 1) the right to notice of the action to be taken and the basis for the action, and 2) the right to be heard by responding to the action and the basis for it. Accordingly, if the University intends to take an adverse action against an individual based on allegations of sexual harassment, the individual has a right to understand the nature of the allegations, including who brought them, and the individual also has the right to respond to those allegations. This right to notice and to response is incorporated into the various University policies and contracts related to discipline and corrective action.
10. Directory of Sexual Harassment Information Centers and Complaint Resolution Officers (CROs)
|Info Center||CRO||Locations and Special Services Provided|
|CHR, Employee and Labor Relations, 10920 Wilshire, Suite 200 (794-0860)|
|Campus Ombuds Office, 1172 PCPC (825-7627)|
|Center for Student Programming, 161 Kerckhoff Hall (825-7041)|
|Graduate Division, 1248 Murphy Hall (825-3521)|
|Medical Center Human Resources (MCHR), 200 Westwood Plaza (794-0500)|
|Office of International Students and Scholars, 105 Men's Gym (825-1681)|
|Office of Residential Life, Residential Life Building (825-3401)|
|Office of Vice Chancellor-Academic Personnel, 2147 Murphy Hall (206-9345)|
|Office of Vice Chancellor-Student Affairs, 2221 Murphy Hall (825-3753)|
|Staff Diversity & AA/EEO Compliance, 1103 PVUB (825-0751)|
|Student Psychological Services, A3-062 CHS (825-7985) and 4223 MSB (825-0768)|
|University Extension Dean's Office, 770 UNEX (825-2362)|
|Women's Resource Center, 2 Dodd Hall (825-3945)|
Note: ASUCLA staff employees and student employees should refer to applicable ASUCLA grievance procedures.
Formal Grievance Procedures Alleging Sexual Discrimination
Complaint Resolution Officer (CRO)
|Academic Appointees (non-Senate)||Academic Personnel Manual Section 140||Within 30 days of incident||Office of Vice Chancellor-Academic Personnel|
|Academic Senate Members||Academic Senate Procedures||No specific time limits||Office of Vice Chancellor-Academic Personnel|
|Apprentice Appointees||Academic Apprentice Manual||No specific time limits||Office of Vice Chancellor-Academic Personnel|
|ASUCLA Staff and Students (as employees)||ASUCLA Grievance Procedures||Within 30 days of incident||ASUCLA Personnel Office|
|Executive Program Appointees||Executive Program Personnel Policy||No specific time limits||CHR (campus employees) or MCHR (Medical Center employees)|
|Management and Senior Professional Program Appointees (MSP)||Management and Senior Professional Program Policy||Within 30 days of incident||CHR (campus employees) or MCHR (Medical Center employees)|
|Professional and Support Staff (PPS)||Professional and Support Staff Program Policy||Within 30 days of incident||CHR (campus employees) or MCHR (Medical Center employees)|
|Clerical Service||All: Grievance Procedures or Memoranda of Understanding, where applicable||AFSCME-within 30 days of incident||CHR (campus employees) or MCHR (Medical Center employees)|
|Patient Care Technical||All: Grievance Procedures or Memoranda of Understanding, where applicable||AFSCME-within 30 days of incident||CHR (campus employees) or MCHR (Medical Center employees)|
|Registered Nurses||All: Grievance Procedures or Memoranda of Understanding, where applicable||CNA-within 30 days of incident, or 15 days after separation from University employment, whichever is earlier||CHR (campus employees) or MCHR (Medical Center employees)|
|Operating Engineers/ Skilled Crafts||All: Grievance Procedures or Memoranda of Understanding, where applicable||IOUE/Local Unit 501-within 30 days of incident, or 15 days after separation from University employment, whichever is earlier||IOUE/Local Unit 501- CHR (campus employees) or MCHR (Medical Center employees)|
|Lecturers||All: Grievance Procedures or Memoranda of Understanding, where applicable||AFT Lecturers- within 45 days of incident, or 15 days after separation from University employment, whichever is earlier||AFT-Office of the Vice Chancellor-Academic Personnel|
|Librarians||All: Grievance Procedures or Memoranda of Understanding, where applicable||AFT Librarians- within 30 days of incident, or 15 days after separation from University employment, whichever is earlier||AFT-Office of the Vice Chancellor-Academic Personnel|
|Students||Title IX-UCLA Standard Procedure Manual: No. 230.1||Title IX-Within 30 days of incident||Office of Vice Chancellor-Student Affairs|