GRIEVANCE PROCEDURES FOR FACULTY, STAFF, AND STUDENTS
Effective: August 15, 2024
Purpose: To outline the requirements for the processes available to faculty, staff, and students to address incidents of discrimination.
Scope: These procedures pertain to the following discrimination complaints; race, religion, color, disability, national origin, ancestry, age, status as a veteran, sexual orientation, marital status, parental status, gender identity and gender expression. Any complaint that is sex based, including but not limited to sexual harassment, sexual violence, or other sexual misconduct shall be treated as sexual violence for all purposes and governed by ESU Policy 1.03 – Title IX Sexual Harassment, Discrimination, and Retaliation for Employees, Students and Visitors.
Responsible Office: Human Resources; Enrollment Management and Student Success
Policy Statement: Procedures for the resolution of complaints should be thorough yet expeditious to the extent possible. These procedures are specifically designed to process complaints which fall within the purview of the University's affirmative action and harassment and/or discrimination policies and which involve University personnel or students as principals. Complaints filed under these grievance procedures involve discrimination and/or harassment and shall not be used in addition to other existing University grievance procedures.
Emporia State University has an informal (except for sexual misconduct) and formal means to resolve complaints of harassment and/or discrimination. Informal complaints may be reported either in writing or orally whereby a resolution is agreed upon by both parties through informal means. Formal complaints must be reported in writing and result in a formal investigation, as described below. All complaints of harassment or discrimination should be reported to the Affirmative Action Officer and/or designee.
Responsible employees are obligated to report complaints of harassment, sexual violence and/or discrimination to the Affirmative Action Officer and/or designee and/or Title IX Coordinator. In some instances, the responsible employee may have addressed the complaint; however, the obligation to report to the Affirmative Action Officer and/or designee/Title IX Coordinator still exists. Complaints must be filed within 180 calendar days of the alleged behavior, remain confidential, and will not be disclosed to anyone who does not have a need to know, to the extent possible to resolve. All other complaints containing an allegation of sexual violence may be made at any time without limitation.
Retaliation against persons who file discrimination complaints or persons who participate in an investigation of a complaint, whether by an individual directly involved or by their associates, is a violation of University and Board of Regents policy as well as state and federal law. Complainants who utilize these procedures or persons who participate in an investigation of a complaint should not be subjected to retaliation. Retaliation will not be tolerated and could result in suspension, reassignment, salary reduction, termination, expulsion, or other disciplinary action.
Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.
Responsible Employees - Any employee of Emporia State University who a student could reasonably believe to have the authority or duty to take action to address sexual violence excluding any employee bound by privilege and confidential relationships, such as licensed counselors or legal counsel; OR an employee who has been given the duty of reporting incidents of sexual violence or any other misconduct by students, faculty, staff, and others to the Title IX Coordinator or other appropriate school designee.
Retaliation - Retaliation may take the form of unwanted personal contact from the respondent or giving additional assignments that are not assigned to others in similar situations, poor grades, or unreasonable course assignments. Phone calls, email, or other attempts to discuss the complaint may be perceived as retaliation under certain circumstances. Disciplinary action, harassment, unsupported evaluations, or other adverse changes in the conditions of employment or the educational environment may also constitute retaliation.
Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resources procedures and Enrollment Management and Student Success procedures.
[Human Resources procedures - coming soon]
[Student and Student Life procedures - coming soon]
Related Policy Information: 1.01 – Discrimination and Harassment Prevention