Discrimination Complaint Procedures
[The following was approved by SIUC Chancellor Walter V. Wendler on 8-18-2006, in accordance with provisions set forth in SIU Board of Trustees 2 Policies H.]
Southern Illinois University Carbondale affirms its commitment to non-discrimination on the basis of age, sex, race, marital status, sexual orientation, national origin, religion, disability, or status as a disabled veteran or a veteran of the Vietnam era. Members of the University community who believe they have been discriminated against on any of these bases may file a complaint using the following procedures.
Individuals may seek resolution of complaints through normal supervisory channels informally. Formal complaints are routinely investigated through the Associate Chancellor (Diversity). Complaints against the Chancellor are referred to the Board of Trustees for investigation, findings, and resolution or action. In the case of complaints against the Vice Chancellors or others who report directly to the Chancellor, the Chancellor will work with the Associate Chancellor (Diversity) to seek/obtain resolution. If the Associate Chancellor (Diversity) is the subject of a complaint, the Chancellor will assign a designee from another department to carry out the Associate Chancellors role as outlined below.
Complaints filed with the Associate Chancellor (Diversity)
Complaints filed with the Associate Chancellor will be investigated as expeditiously as possible. Information obtained in the review of a complaint will be kept as confidential as possible.
Complainant(s) should:
- Prepare a written statement outlining the nature of the complaint, naming the respondent(s), and indicating the desired remedy, and submit this complaint to the Associate Chancellors office promptly, but in no case later than 60 business days after the complainant first becomes aware of the alleged discrimination or denial of benefits.
- The Associate Chancellor shall interview the complainant(s) and determine whether an investigation is warranted. If the Associate Chancellor determines that an investigation is unwarranted, the Associate Chancellor shall notify the complainant in writing of the Associate Chancellors final determination. This normally should occur within seven working days. The complainant(s) may appeal this decision to the Chancellor within 30 days after receipt of the Associate Chancellors decision.
- If an investigation will occur, the Associate Chancellor will provide a written notice to the respondent(s) of the nature of the complaint.
- The Associate Chancellor will appoint an investigative team, within 10 working days, to conduct an investigation. The investigative team will conduct interviews with the complainant(s) and the respondent, as well as with other persons deemed appropriate, and gather information related to the complaint.
- After reviewing all interviews and information, the investigative team will prepare an Investigative Report that includes relevant information and a finding on whether the Universitys policies have been violated. Said report shall be submitted to the Associate Chancellor within 30 working days. The complainant(s) and respondents will be notified of the findings by the Associate Chancellor.
- If the Investigative Team finds that the University discrimination policy has been violated, the Associate Chancellor and the Vice Chancellor will determine an appropriate course of action, normally within 10 working days of receipt of the investigative report. The Associate Chancellor shall inform both the complainant(s) and the respondent(s) of the final decision of the Associate Chancellor and any action taken in regard to the Complaint.
- Within 30 days of the final decision and/or action taken, either party may appeal the decision of the Associate Chancellor and relevant Vice Chancellor, to the Chancellor, whose decision is final. The complaint process, review, investigation, and findings shall be completed as expeditiously as possible. Either party may file a complaint to an external agency as described in Appendix A.
- The contact person for filing a complaint under this policy shall be at the following office.
Seymour Bryson
Associate Chancellor (Diversity)
110 Anthony Hall
Mail Code 4341
Southern Illinois University Carbondale
1265 Lincoln Drive
Carbondale, IL 62901
Telephone: (618) 453-1186
Facsimile: (618) 453-4295
External Agency Complaint Procedures
Bases of Discrimination
Discrimination because of race, color, religion, sex, national origin, ancestry, citizenship status (employment only), age (40 and over), marital status, unfavorable military discharge, military status, or physical, mental or perceived handicap are covered by the Illinois Human Rights Act. Sexual harassment of employees and of students in higher education is also prohibited.
In housing, in addition to the above categories, it is illegal to discriminate against families with children under 18, or against impaired persons who keep or use guide or support dogs.
It is also a civil rights violation to discriminate because of arrest record (in employment), to retaliate against someone because he/she files a charge of discrimination, or opposes discrimination, to aid, abet or coerce someone to discriminate or to interfere with the Department or Commission's duties.
If your charge alleges any other type of discriminatory or unfair treatment, the Department of Human Rights has no jurisdiction in the matter.
The Illinois Human Rights Act prohibits discrimination as described above and establishes the Department of Human Rights and the Human Rights Commission to handle charges of discrimination. The federal government's Civil Rights Act prohibits discrimination in employment by an employer and assigns the complaint process to the Equal Employment Opportunity Commission (EEOC).
While the university encourages use of its internal policy and procedures, the university's policy does not preclude a person who feels she/he has been the victim of discrimination from seeking redress through these external agencies. Filing with the external agencies can be done in lieu of or simultaneously with the university's complaint process. Filing a complaint with the university does not result in the waiver or extension of any time limits required by any external agency.
The initial document filed with the Illinois Department of Human Rights is called a charge and must be filed with the Department of Human Rights within 180 days of the alleged violation. The Department of Human Rights is responsible for investigating the charge, for determining whether substantial evidence of discrimination exists, and for attempting settlement. If necessary the Department of Human Rights will prepare and file a complaint with the Illinois Human Rights Commission. If the Department of Human Rights decides to take no action on the charge or fails to act promptly on a charge, the person who filed the charge can file a complaint directly with the Human Rights Commission.
The Human Rights Commission will schedule a hearing on the complaint before an administrative law judge who can recommend certain sanctions and penalties to the Commission in the event a violation is found. The Commission provides a process for appeals.
Under federal law, employees believing they have been subjected to discrimination affecting their employment may file a charge with the Equal Employment Opportunity Commission (EEOC). A charge filed with the EEOC must be filed within 300 days of the occurrence of the alleged incident. A charge filed with the EEOC must also be filed with the Illinois Department of Human Rights.
Where to Get Information Regarding SIUC’s Discrimination Policy
Complaint Resolution Officer: Seymour Bryson, Associate Chancellor
(Diversity) Affirmative Action Office: Seymour Bryson, 453-1186,
or Marcia Phelps, 453-1196
Informal Mediation: Office of the University Ombudsman, 453-2411
