ASU - Procedure for Reporting Discrimination / Retaliation

A. Reporting

1. Process for an employee or Volunteer to Report Discrimination/Retaliation. Any employee or volunteer who believes he/she has been discriminated against or retaliated against is encouraged to report the alleged discrimination/retaliation to the employee's supervisor, next level supervisor or the Affirmative Action Officer.

2. Process for Student to Report Discrimination/Retaliation. Any student who believes he/she has been discriminated against or retaliated against is encouraged to report the alleged discrimination/retaliation to the Vice President for Student Affairs or the Affirmative Action Officer.

3. Duty to Report Discrimination/Retaliation. Any supervisory-level employee or Faculty member who observes what he/she reasonably believes to be discrimination or retaliation, or who receives a Complaint making allegations of discrimination or retaliation by a member of the Campus Community has a duty to promptly inform the Affirmative Action Officer, or if the Complaint is against the Affirmative Action Officer, the Human Resources Director. Any Student Resident Director or Resident Assistant who, in the scope of his/her duties observes a student, or who receives a Complaint from a student making allegations of discrimination or retaliation by a member of the Campus Community has a duty to promptly inform the Vice President for Student Affairs or the Affirmative Action Officer. The matter will be referred for appropriate informal discussions as provided above.

a. A supervisory-level employee, Faculty member or Student Residence Director or Resident Assistant who fails to report alleged discrimination or retaliation may be subject to discipline, up to and including dismissal.

b. A supervisory-level employee, Faculty member or Student Residence Director or Resident Assistant is not to attempt to independently investigate or mediate allegations of discrimination or retaliation, except that a supervisory-level employee may take steps necessary to issue an informal remedy determination.

c. If the person reporting discrimination/retaliation is someone other than the alleged victim, the Affirmative Action Officer, the Vice President for Student Affairs or his/her designee will ask the alleged victim(s) to confirm whether the reported conduct occurred. If the alleged victim does not confirm whether the reported conduct occurred, the matter will not be pursued. If the alleged victim confirms that the conduct occurred, the alleged victim will be offered the opportunity to pursue resolution of the matter under this Procedure. If the alleged victim declines to pursue resolution of the matter through this Procedure the matter shall be reported to the President who may require an investigation and take such precautionary/disciplinary actions as he/she deems appropriate under the circumstances.

d. Even if a person reporting or acknowledging the occurrence of perceived discrimination or retaliation requests that no action be taken, the supervisory-level employee, Faculty member or Student Residence Director or Resident Assistant still has a duty to inform the Affirmative Action Officer or Vice President for Student Affairs of the alleged discrimination/retaliation. The supervisory-level employee, Faculty member or Student Residence Director or Resident Assistant should inform the person reporting the alleged discrimination or retaliation that the matter must be reported, that the process for resolving allegations of discrimination or retaliation is handled with discretion to protect the parties, but that neither anonymity nor complete confidentiality can be promised.

B. Filing a Grievance

1. Any Campus Community member may file a formal written Grievance when he/she believes that he/she has been discriminated against or retaliated against, whether or not the matter has been reported in accordance with Section A. The Grievance may be filed with the Affirmative Action Officer or in the absence, unavailability or perceived conflict of interest of the Affirmative Action Officer, with the Human Resources Director (for employees and volunteers) or the Vice President for Student Affairs (for students).

2. Step 1

a. The Grievant will file a written Grievance which shall include:

i. The Grievant's name, mailing address, telephone number and email address

ii. The identity of the Respondent(s)

iii. The type of discrimination or perceived reasons for retaliation

iv. The facts and circumstances of the alleged discrimination/retaliation

v. The dates on which the alleged conduct occurred

vi. The identity of any witnesses which the Grievant believes to possess relevant information and a description of the information that each witness is believed to possess

vii. The signature of the grievant

b. If the alleged discrimination/retaliation took place more than ten (10) days prior to the filing, the Grievant must also submit, a statement showing good cause for not filing within the ten (10) day time limit.

c. The Affirmative Action Officer will determine whether the Grievance is within the jurisdiction of this policy.

d. Jurisdiction under this process is established when:

i. The Grievance is timely filed, and

ii. The Grievant has submitted a sufficient written Grievance, and

iii. The Grievance sets forth facts that, if true, show reasonable cause to believe that a violation of this policy has occurred.

e. If the Grievance documents do not establish jurisdiction under this policy, the Affirmative Action Officer will serve the Grievant with written notice of this finding. The Grievant may request the President's review of a finding of no jurisdiction under this policy by submitting a written request for review to the Affirmative Action Officer within three (3) working days of the date of service of the finding.

f. The President's determination of jurisdiction shall be rendered as soon as possible after the President receives the request for review. The President's determination of jurisdiction is final. The Grievant will be provided with a copy of the President's determination.

g. If the Grievance establishes jurisdiction, the Affirmative Action Officer will serve a copy of the written Grievance on the Respondent with the Grievant's address, telephone and email address redacted.

h. The Affirmative Action Officer will contact the Grievant to discuss options for informal resolution. If the Grievant wishes to pursue informal resolution efforts, the Affirmative Action Officer will make the necessary arrangements and inform the parties.

i. If the Grievant wishes to pursue informal resolution efforts, the formal Grievance procedure shall be suspended to permit the parties an opportunity to resolve the Grievance.

j. The Grievant may at any time terminate informal resolution efforts and proceed to Step 2.

3. Step 2

a. Within five (5) calendar days after receiving a copy of the Grievance or within five (5) calendar days after notice of termination of informal resolution efforts, if applicable, the Respondent will file a written response ("Response") with the Affirmative Action Officer.

b. The Response shall include:

i. A statement as to whether the facts supporting the conduct that forms the basis for the allegations are true, and

ii. An explanation of the circumstances surrounding any admitted conduct, and

iii. The names of witnesses, if any, who may have information pertaining to the Grievance, and a description of the information that each witness is believed to possess.

4. Step 3

a. The Affirmative Action Officer will conduct an investigation to determine the facts. The Affirmative Action Officer, will interview the Grievant, Respondent and anyone that the Affirmative Action Officer determines is likely to have substantial, relevant information, and gather any other evidence that he/she deems necessary.

b. The interview provides the Respondent with an opportunity to be heard by a fair and impartial fact-finder and to explain, deny, or offer mitigating reasons. If the Respondent fails to attend an interview for reasons other than an unforeseeable emergency, documented to the satisfaction of the Affirmative Action Officer, such failure constitutes a knowing and voluntary waiver of this opportunity and the report may be rendered without Respondent's input.

c. If the Grievant fails to attend an interview for reasons other than an unforeseeable emergency documented to the satisfaction of the Affirmative Action Officer, the Affirmative Action Officer, in consultation with the President, may deem the Grievance withdrawn and discontinue the process. Even if the Grievance is deemed withdrawn, the President may require further investigation and take appropriate disciplinary/precautionary action if appropriate.

d. The Affirmative Action Officer will promptly prepare and deliver to the President a written report summarizing the investigation that includes observations as to credibility of interviewees, a finding as to whether discrimination/retaliation occurred, and a recommendation of precautionary measures. The President shall review the report and take action as he/she deems necessary. The President may also pursue discipline in accordance with the appropriate handbook disciplinary procedure.

i. For Faculty, the appropriate disciplinary procedure is found in Section VIII.A.2-10 of the Faculty Handbook, and the appeal provisions in Section IX. available to Tenured Faculty upon imposition of appealable discipline. The investigation provided for in this policy shall substitute for the investigation called for in Section VIII.A.1. of the Faculty Handbook. The Grievance and Complaint Procedure in Section XI of the Faculty Handbook does not apply to allegations of discrimination/retaliation under this policy.

ii. For Professional Personnel, until the ASU Professional Personnel Handbook is adopted, the appropriate disciplinary procedure is found in Section X.A.3.b. of the State Colleges in Colorado Handbook for Professional Personnel entitled "Presidential Meeting with the Professional" and the appeal to a hearing officer available under Section X.B.2. for appealable disciplinary sanctions imposed by the President or, in the event of termination, termination proceedings as provided in Section XII of the State Colleges in Colorado Handbook for Professional Personnel. The investigation provided for in this policy shall substitute for the investigation called for in Section X.A.2. The Grievance Procedure in Section XIV of the State Colleges in Colorado Handbook for Professional Personnel is not applicable to claims of discrimination in violation of this policy. Upon adoption of the ASU Professional Personnel Handbook, the appropriate disciplinary procedure is to be found in Section XII. The investigation provided for in this policy shall substitute for the investigation provided for in section XII.B.1. The Grievance Procedure in Section XIII of the ASU Professional Personnel Handbook does not apply to allegations of discrimination/retaliation under this policy.

iii. For Classified Staff, the appropriate disciplinary procedure is found in the Sections 6-8B through 6-15B and Chapter 8 of the Personnel Board Rules and Personnel Director's Administrative Procedures. This Discrimination Grievance Procedure shall be in place of the Grievance Process set forth in Chapter 8, Section 8-8B of the Personnel Board Rules and Personnel Director's Administrative Procedures. The informal remedy determination shall be in lieu of the first level decision available under section 8-8B.A.3. The formal Grievance shall be in lieu of the formal written process provided for under section 8-8B.A.4.

iv. For Students, the appropriate disciplinary process is as set forth in the Adams State University Student Handbook or the appropriate sections of the applicable Graduate Program Handbooks or Catalogs.

Contact Information for Reporting Violations of Anti-Discrimination Policy

Ms. Tracy Rogers
Director of Human Resources
tracy_rogers@adams.edu
RH-127 719-587-7990

Ms. Ana Guevara
Office of Equal Opportunity
anaguevara@adams.edu
SUB 327 719-587-8213

If a member of the Campus Community feels threatened, he or she should contact ASU PD at (719) 587-7901. In an emergency, call 911 immediately.