Nondiscrimination Continued...1B.1.1 Report/Complaint of Discrimination/Harassment Investigation and Resolution
This MnSCU policy is the companion to the anti-discrimination policy. Its sets forth the procedure to be followed when a person believes they have been subjected to or witness to discrimination or harassment that they believe may be in violation of the policy. Highlights of the policy include:
If someone believes they are a victim of discrimination or harassment, they can try to resolve it personally, although are not required to do so before proceeding to a formal complaint. Formal complaints are filed with the Affirmative Action Office.
Administrators and supervisors who reasonably believe they have seen behavior that violates this policy MUST inquire into the allegations and refer to the Affirmative Action Office for further action. Administrators and supervisors can and should take immediate action to end the offensive behavior, but still must follow up with the report.
The policy specifically provides that no retaliation, reprisal or intimidation will be tolerated in conjunction with a complaint under this policy. Even if the complaint turns out to be non-substantiated, the complainer is protected from retaliation. Allegations of retaliation or reprisal should also be reported to the Affirmative Action Office.
If you feel you are a victim of, or have witnessed, discrimination or harassment...
- Try to resolve it yourself or file a formal complaint with the Affirmative Action Office.
- If Administrators or supervisors see behavior that violates this policy they MUST check into it, take action to stop it, take it to the Affirmative Action Office, and follow up with a report.
- Retaliation, reprisal or intimidation will NOT be tolerated.
- Allegations of retaliation should be reported to the Affirmative Action Office.
- The Affirmative Action Office investigates the complaints.
- The Affirmative Action Officer may implement an informal resolution or they will go to a designated decision-maker for a determination.
- You have the right to appeal the determination to the President.
- Bargaining unit employees can have representation if they want.
- Until the matter is resolved, the law says only the existence and status of the complaint are public.
Once a complaint is lodged, it must be investigated and resolved. Generally, the Affirmative Action Office conducts the investigation. The Affirmative Action Officer may determine that an informal resolution is appropriate. If not, or if the resolution is not successful, once an investigation is complete, it is forwarded to a designated decision-maker for a determination. A person involved in the process has the right to appeal that determination to the President who will make a final decision on the matter. During this process, bargaining unit employees may have representation if they so choose. For more information on investiagtions see Investigation FAQs.
Confidentiality is extremely important during this process. Under Minnesota law, until the matter is finally resolved, only the existence and status of the complaint are public. Any other information is confidential and cannot be shared with individuals who do not have a legitimate business need for the information.