When the Equal Opportunity & Outreach (EOO) Office receives a complaint/concern from a member of the UML community or external party, it proceeds in the following manner:
  1. EOO contacts the alleged recipient of the conduct via telephone and email to schedule an intake meeting (If it is a Title IX matter, EOO notifies the alleged respondent as quickly as possible and provides a short description of the allegation and the EOO policy related to the conduct as required by the Title IX 2017 FAQs).
  2. EOO informs the university administrators responsible for the oversight of the area of the respondent, advising that we have received a concern involving an employee from their area.
  3. EOO interviews the alleged recipient of the conduct and collects any documentation in support of the concerns.
  4. EOO reviews the notes and any documentation provided by the recipient of the conduct and/or the complainant and plans the next step for the review.
  5. EOO interviews any potential individuals with knowledge of the alleged conduct, and the respondent. EOO gathers any documentation provided by the witnesses and the respondent.
  6. EOO reviews all the internal interview notes and the documentation and determines if additional information (additional interviews and/or documentation) is needed to review the concerns.
  7. Once EOO has all the information needed it will make a determination based on the applicable policy and definitions of the conduct on whether a violation of the policy has occurred using the preponderance of the evidence standard.

Considerations: 

  • EOO evaluates if the matter falls under the purview of EOO.
  • If it does, EOO evaluates if the conduct as described could potentially be a violation of the university's EOO policies.
  • EOO determines if any temporary measures are needed to protect the parties and the UML community and to maintain the integrity of the process.
  • Reasonable Accommodations will be provided as needed throughout the review.

Additional information:

  • EOO provides to the recipient of the conduct and/or complainant with copies of the applicable policy, procedure, their rights, internal and external resources and information about privacy and retaliation.  The parties are also informed that they can bring a support person to the interview.
  • EOO also invites the parties to contact the office if they have any questions or concerns of the university’s EOO policy and procedures.
  • The parties and the administrator are provided updates throughout the process (goal is to provide updates every two weeks of the stage of the process).

Internal Report

  1. EOO prepares an internal report that is reviewed by the Director of EOO. Depending on the nature of the concern, the Director of EOO may send a report to the Senior Vice Chancellor for HR and the General Counsel for their review. 
  2. Parties and the administrator are notified of the outcome of the EOO Review. 
  3. If it is determined that a violation DID NOT occur, the EOO process is concluded.
  4. If it is determined that a violation DID occur, the University Administrator(s) is/are notified of the outcome of the EOO Review and the EOO Review process is concluded.
University Administrator(s) determine(s) and impose(s) the sanction, based on these factors:
  • Nature of conduct/behavior – severity, frequency, pervasiveness, objectively offensive
  • Impact of behavior
  • Likelihood of recurrence
  • Any ongoing concerns for safety of parties and campus at large
  • Previous service and performance record, i.e., prior discipline, prior conduct of a similar ore related nature, etc.
  • Role at university, i.e., level and nature of position/role/responsibility
  • Relationship – i.e., supervisor, supervisee
  • Consider prior relationship between parties
  • Consideration of whether parties can work effectively together going forward
  • Physical location of parties
  • Job reassignment(s)
  • If violation, how to ensure reporting party is made as “whole” as possible
  • Respondent’s accountability/ownership, i.e., awareness of concerns and likelihood to address
  • Remedy sought by the complainant
University Administrator(s) may also put in place permanent measures to protect the parties and the UML Community.
Respondent party is notified of the sanction(s) (for Title IX both parties are notified of the sanctions that apply to them).
Process is concluded.

Appeal Request

Either party has the right to request an appeal to the Senior Vice Chancellor of EOO WITHIN FIVE DAYS of receiving the notification of the outcome of the EOO investigation.
Employees who are members of a collective bargaining agreement may be able to grieve the sanction only based on their collective bargaining agreement.
Senior Vice Chancellor for HR reviews appeal request to determine if it satisfies the grounds for appeal:
  • New evidence not available at the time of the investigation that may affect the outcome
  • Procedural error that may affect the outcome.
If the request DOES NOT SATISFY grounds for appeal, the parties and the administrator are notified that the grounds for appeal were not satisfied and the process is concluded.
If the request DOES SATISFY grounds for appeal, the Senior Vice Chancellor for HR may  consult with investigators and request additional information from investigators or parties.
The university then assigns the matter to an EOO Appeal Officer who:
  • Reviews all documentation
  • Consults with investigators
  • Requests additional information from the investigators or parties
The Appeal Officer makes the final determination concerning whether or not policy violation occurred.
If the Appeal Officer upholds the original findings and sanctions, 
  • The final determination cannot be appealed.
  • Parties and administrator are notified of outcome of appeal determination
  • Process is concluded.
If the Appeal Officer finds either new and significant information or a procedural error that may substantially alter the outcome of the review, Appeal Officer will perform an independent review of the concerns, the parties will be notified and the process is concluded.