Or. Admin. Code § 574-010-0085

Current through Register Vol. 63, No. 12, December 1, 2024

Section 574-010-0085 - Procedure

A complaint alleging discrimination in employment originating with a university employee not otherwise covered by a collective bargaining agreement, or by a job applicant or student, shall be processed as described below:

(1) The Complainant is encouraged to attempt to resolve the complaint with the university representative responsible for the policy, practice or act considered discriminatory within five days of the allegedly discriminatory act. If no resolution is reached or a Complainant so chooses, a formal complaint of discrimination may be filed.

(2) To file a formal complaint, the Complainant shall complete a complaint of discrimination form within 12 months after the alleged discriminatory act. The complaint may be submitted in writing, or given orally to the affirmative action officer who will convert it to written form. The Complainant shall have access to all relevant records which are not protected under state and/or federal law. The written complaint shall contain the following:

(a) Complainant's name, address, status, and telephone number where the Complainant may be contacted;

(b) The date of the alleged act of discrimination and a detailed description;

(c) An outline of the attempts to resolve the complaint, including the name of the university representative responsible for the alleged discriminatory act and the date(s) of the attempts, if any, at resolution;

(d) All information pertinent to the complaint;

(e) Resolution proposed by the Complainant;

(f) Complainant's signature.

(3) The affirmative action officer shall forward copies of the written complaint to all concerned including the named university representative, appropriate dean or director, the appropriate Vice President, and the Chancellor's Office.

(4) The affirmative action officer shall investigate the complaint and develop a recommended course of action. The affirmative action officer shall forward a recommendation to the appropriate dean or director, and vice president for a final decision on the course of action to be taken. The President shall review all complaints and action taken.

(5) The final decision shall be given to the Complainant, in writing, by the affirmative action officer, within 30 days after receipt of the complaint by the affirmative action officer, unless additional time is granted by the Chancellor's Office. The named university representative, the affirmative action officer, the appropriate Vice President and the Chancellor's Office shall be notified of the final decision.

(6) This procedure is compatible with the grievance procedure outlined in the State Board of Higher Education Administrative Rule OAR 580-015-0090 and it is understood that any procedure provided for in a collective bargaining agreement between the university and represented employees takes precedence over the one outlined here.

Or. Admin. Code § 574-010-0085

WOSC 1-1982, f. & ef. 2-11-82; WOU 2-2004, f. & cert. ef. 8-4-04

Stat. Auth.: ORS 351

Stats. Implemented:ORS 351.070