Discrimination Complaint Processing

Procedures for processing unlawful discrimination complaints Golden Gate University; Approved: October 7, 1985

Intent of Procedures

To implement Golden Gate University's policy regarding compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Vietnam Era and Veterans Readjustment Assistance Act of 1967, the Age Discrimination in Employment Act of 1975, and Executive Order 11246.

Purpose of Regulations

To ensure that no person shall, on the basis of ethnic group identification, religion, age, gender, race, or physical or mental disability, be unlawfully subject to discrimination in the provision of educational programs and services by Golden Gate University.

Prohibited Discrimination

All programs and activities at Golden Gate University shall be available to all qualified persons without regard to ethnic group identification, religion, age, gender, race or physical or mental disability.

General Provisions Coverage

These procedures apply to the processing of complaints arising from alleged unlawful discrimination actions. Any student or applicant for admissions who believes that he/she is a victim of a discriminatory action may file a complaint under these procedures. * Defective Complaint - When the Associate Dean of Student Affairs receives a complaint which does not meet the requirements of the law, the Associate Dean of Student Affairs shall immediately notify the charging party in writing of the specific deficiencies in the complaint. * Responsible University Official - The Associate Dean of Student Affairs is the designated University official to receive and process complaints under this procedure.

Definitions

• Action - any activity, policy, rule, standard, or method of administration undertaken by a recipient of government funds; or the use of any policy, rule, standard or method of administration by a recipient of government fund.
• Age - how old a person is, or the number of elapsed years from the date of birth.
• Charging party - complainant.
• Associate Dean of Student Affairs - the person filing the complaint alleging unlawful discrimination.
• Defendant - the party or parties charged by the complainant as having discriminated unlawfully against him/her.
• Employee - a person listed on a University payroll.
• Program or activity - any project, action or procedure undertaken directly or indirectly by recipients of government funds. Such programs include, but are not limited to, the procurement of goods or the provision of cash or loan assistance; financial aids or other benefits/services.
• Student - a person currently enrolled at Golden Gate University.

Processing of Complaint

Any person who believes they have been discriminated against by a University employee may file a complaint in writing with the Associate Dean of Student Affairs. In order for a complaint to be processed, the complaint must be in writing and filed within 120 days of the alleged unlawful discriminatory action.

Informal Procedure

• The complainant should first discuss the complaint with the dean/director of the department or program where the alleged conduct occurred.
• If the complaint remains unresolved, the complainant may discuss the complaint with the University administrator responsible for the aforementioned program or department.
• If the circumstances of the complaint prevent using steps A and B, or if the complaint is not resolved at levels A and/or B within five (5) working days, the student may then proceed to file a written complain with the Associate Dean of Student Affairs.

Filing a Complaint with the Associate Dean of Student Affairs

• If the complainant wants the Associate Dean of Student Affairs to attempt a resolution, the complainant shall be required to fill out a Complaint Form provided by the University.
• Upon receipt of the Complaint Form from the complainant, the Associate Dean of Student Affairs will advise the complainant that an investigation and discussion will begin within fourteen (14) days of the receipt of the Complaint Form.
• Upon receipt of the form from the complainant, the Associate Dean will immediately forward a copy of the complaint to the defendant indicated on the complaint.
• The Associate Dean will also advise both parties of the complaint whereupon the University must forward its findings and resolution of the complaint to them within ninety (90) days from the beginning of the investigation.
• The Associate Dean will attempt to resolve the complaint by discussing the matter with all persons who are parties to the complaint.
• In the event that the complaint is resolved to the satisfaction of all parties, a notice of resolution will be sent to the parties.
• In the event that the complaint is not resolved informally by the Associate Dean of Student Affairs, the Associate Dean will proceed to process the complaint utilizing the procedure set forth in Part I, Formal Procedure.
• Any retaliatory action of any kind by an employee or student of the University against any other employee or student of the University as a result of that person's seeking redress under these procedures, cooperating in an investigation, or other participation in any proceeding under these procedures is prohibited and may be regarded as the basis for disciplinary action.

Formal Procedure

• If the aggrieved person wishes to process the complaint through the formal procedure, he/she will then nominate a person (student or employee) who is willing and available to serve as a member of a Complaint Review Panel, which will hear the matter.
• Upon being notified that the complainant wishes to pursue the complaint through the formal process, the Associate Dean of Student Affairs will request that the Defendant nominate a person (student or employee) who is willing to serve and is available to serve as a member of the Complaint Review Panel.
• The two nominated panel members will by mutual agreement select the third member of the Complaint Review Panel who will serve as the chairperson of the Complaint Review Panel. If the two members are unable to agree on a chairperson, the Dean of Student Affairs will make the selection.
• The Complaint Review Panel shall hear the complaint and receive testimony and information from such witnesses as it deems appropriate to fairly evaluate the complaint. Upon completion of the hearing, the Complaint Review Panel shall forward its findings and recommendations to the President of the University within five (5) working days after the closing of the hearing. Proceedings shall be conducted in closed hearings. A copy of the Complaint Review Panel's findings and recommendations shall be sent to both parties to the complaint.
• The Associate Dean of Student Affairs shall serve as a recorder of the proceedings and advisor to the panel, but shall not vote.
• The panel shall make every reasonable effort to conduct its hearing and finalize its findings and recommendations within fifteen (15) days of the panel's formation.

Comments on the Complaint Review Panel's Recommendations

Either party to the complaint may forward to the President of the University their commentary on the panel's findings and recommendations. Such commentary must be submitted to the President within three (3) working days following receipt of the panel's recommendations.

President's Decision

The President will issue a decision within thirteen (13) days following receipt of the panel's findings and recommendations. The decision of the President will be final.

Notice of discrimination Policy

In compliance with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Vietnam Era and Veterans Readjustment Assistance Act of 1974, the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975, and Executive Order 11246, Golden Gate University does not discriminate, within the meaning of these laws, on the basis of race, color, national origin, religion, gender, sexual orientation, disability, age, marital status or veterans status in employment, in its educational programs, or in the provision of benefits and services to its students. Anyone who believes that in some respect Golden Gate University is not in compliance with the above statement should contact the Division of Student Affairs.