Grievance Procedure
for
Discrimination on the Basis of Sex or Disability
for the
University of the South
The University of the South prohibits discrimination in employment, admission of students, and administration of its education programs or activities on the basis of, among other things, sex and disability.
Any student, employee, or applicant for admission or employment may initiate a grievance for sex discrimination which is prohibited by Title IX of the Education Amendments of 1972, as amended.
Any student or employee may initiate a grievance for disability discrimination which is prohibited by the Rehabilitation Act of 1973 (section 504), as amended.
The Compliance Coordinator, will provide assistance to those desiring to file a grievance. A grievance for alleged discrimination must be filed with the Compliance Coordinator within 30 working days of the occurrence of the alleged discrimination. The complaint must be in writing and contain the name of the person making the grievance, the nature and the date of the alleged discrimination, names of any witnesses to the alleged discrimination, names of those injured by the alleged discrimination, and the names of those employees, students, or other persons claimed to be responsible for the alleged discrimination.
At the request of the party initiating the grievance (hereinafter the “grievant”), and at the discretion of the Compliance Coordinator, an attempt will be made to resolve the complaint without recourse to a formal written grievance through informal meetings with appropriate persons.
If a formal grievance is filed, the Compliance Coordinator shall notify the person(s) who must respond to the grievance (hereinafter the “respondent”), and the notification shall include a copy of the grievance and a request that the response be submitted in writing within 10 working days to the Compliance Coordinator. The person(s) required to respond will be the person(s) alleged to be involved in the discrimination or the person with supervisory responsibility for the activity or area which is the subject of the grievance.
If a written response to the grievance has not been received within 10 working days, the Compliance Coordinator shall send a notice of non-response to the designated respondent, the respondent’s immediate supervisor, and the grievant. Within five working days of receipt of the response or the sending of the non-response notice, the Compliance Coordinator shall refer the grievance to the appropriate investigative officer. That officer will normally be an administrator with responsibility in the area under investigation.
Within 20 working days of receipt of the written grievance and response or notice of non-response, the investigative officer shall consult with the grievant and the respondent, and others if appropriate, in order to ascertain the facts and views of both of the parties. The University Legal Counsel may also be consulted. The investigative officer will then notify the grievant, respondent, and the Compliance Coordinator of his or her findings and recommendations. If the grievant or respondent does not accept the investigative officer’s decision, he or she must notify the Compliance Coordinator in writing within five working days of receipt of the decision. If no request for review of the investigative officer’s decision is timely received, the recommended action, if any, shall be taken and the grievance will be considered closed.
If review of the investigative officer’s decision is sought, that review will be conducted by a Senior Administrative Officer responsible for the employees or students involved in the grievance unless a Senior Administrative Officer was the grievant, respondent, or investigative officer. In such a case, the Compliance Officer will select an appropriate University official. The appropriate Senior Administrative Officer will decide whether to accept the investigative officer’s recommendation or to ask the investigative officer to consider the matter further and submit a supplementary report. Alternatively, a Senior Administrative Officer may appoint a three-person panel to conduct a further investigation and submit a recommendation to a Senior Administrative Officer. A Senior Administrative Officer will notify the grievant, respondent, and Compliance Coordinator of his or her decision which shall be final.
In certain cases, it may be appropriate for a Senior Administrative Officer to modify the procedures set forth above depending upon the nature of the charges and the procedures for discipline of faculty in cases involving grave misconduct or neglect of duty as set forth in the Faculty Personnel Procedures or the procedures of discipline of staff members as set forth in the Staff Handbook.
The facts about individual grievances and their dispositions are confidential except where it may be necessary to reveal information in order to comply with the applicable law.
