Complaint Procedures Summary
Summary of the Complaint Procedures of Central Michigan University's Equal Opportunity and Affirmative Action Protocol
Introduction: [back to top]
The Central Michigan University Equal Opportunity and Affirmative Action Protocol contains a full description of the procedures that are followed when a person files a complaint alleging discrimination in violation of the Protocol.
In the Protocol, a person who files a complaint alleging discrimination is called the Complainant. The person who is alleged to have discriminated is called the Respondent.
A person who becomes a Complainant or Respondent will want to review all of Article IV of the Protocol and refer to it during the inquiry and investigation. The Protocol contains technical rules that are carefully worded to protect the rights of Complainants, Respondents, witnesses, and the University.
Many people have asked for an overview of the procedures before filing a complaint or simply because they wish to know more about the process. The Affirmative Action Office has prepared this summary and simplification of the complaint and investigation procedures to serve those needs. It does not contain all the details of the Complaint Procedures. All efforts have been made to make the two descriptions consistent, but if there should be a discrepancy between the Protocol and this Summary, the Protocol will control.
Protocol: [back to top]
Each student and employee of the University has the right to ask the Affirmative Action Office to investigate and eliminate conduct that violates the Protocol. You should contact the Affirmative Action Office if you have a concern or believe that you have been subject to prohibited discrimination. The Affirmative Action Office is located in 428 Park Library. Its phone number is (989) 774-3253.
Prohibited: [back to top]
It is a violation of the Protocol for any member of the University community, while acting in that role, to discriminate against another member of the University community based upon age, color, disability, disabled veteran and/or Vietnam era veteran, national origin, race, religion, sex or sexual orientation, or other factors as set forth in the Protocol. It is also a violation of the Protocol to retaliate against any member of the University community who has filed a complaint or cooperated with an investigation or otherwise participated in these procedures.
However, the Protocol is only intended to protect members of the University community from unlawful discrimination, not to regulate the content of speech. As a result, it is not a violation of this Protocol to express ideas, words, gestures, or pictorials that constitute a comment upon matters of public concern, or an expression of art or culture, or a part of an exchange of ideas, ideology or philosophy. Nor does the Protocol regulate verbal expressions or written materials that are relevant and appropriately related to course subject matter or curriculum.
Filing: [back to top]
A complaint may be filed verbally or in writing. The Affirmative Action Office has a form you may use.
After a complaint has been filed, the Affirmative Action Officer will interview the complainant. The Affirmative Action Officer will then prepare a written summary of the complainant's concerns. The complainant will have an opportunity to review that summary and provide any additional information the complainant believes is important. The respondent may file a written response to the complaint, but is not required to do so.
Inquiry: [back to top]
The Protocol gives the Affirmative Action Officer 21 days to evaluate the complaint, contact the respondent and attempt to resolve the complaint. The Protocol describes this initial 21-day period as the "Inquiry Stage." The complainant, respondent and Affirmative Action Officer may extend this time period.
During the Inquiry Stage the Affirmative Action Officer may interview the complainant, the respondent and any witness the Affirmative Action Officer deems appropriate. Both the complainant and respondent will be asked to provide the names of people who have relevant information. Interviews will be held in private unless otherwise agreed by the Affirmative Action Officer and the person being interviewed.
The complainant, the respondent and the Affirmative Action Officer may agree to a resolution. Each resolution will be placed in writing.
During the Inquiry Stage the Affirmative Action Officer may conclude that the facts provided do not constitute a violation of the Protocol and dismiss the complaint. In addition, the Affirmative Action Officer may also conclude that any further review must be concluded under the "Investigation Stage." Either decision will be placed in writing.
Either the complainant or the respondent has the right to ask that the Inquiry Stage procedures be terminated and that the Investigation Stage procedures be used. Such a request must be placed in writing. The Affirmative Action Office has a form for that purpose.
Investigative: [back to top]
If a resolution acceptable to the complainant and respondent is not reached during the Inquiry Stage, and the complaint has not been dismissed, the Investigation Stage procedures start. The Affirmative Action Office will notify both the complainant and the respondent when that takes place. In addition, if the respondent is a student, a copy of this notice will be provided to the Office of Student Life. If the respondent is an employee, a copy of the notice will be sent to the Vice President for the respondent's division and the administrative head of the appropriate personnel office.
After the Investigation Stage starts, the Affirmative Action Officer will complete any necessary interviews of the complainant, the respondent, or any witness that the Affirmative Action Officer deems appropriate. Both the complainant and respondent will be asked to provide the names of people who have relevant information. Interviews will be held in private unless otherwise agreed upon by the Affirmative Action Officer and the person being interviewed.
Again, during the Investigation Stage the complainant, the respondent and the Affirmative Action Officer may agree to a written resolution.
If no voluntary resolution is reached, the Affirmative Action Officer will write a written report which will include the Affirmative Action Officer's findings of fact and conclusions. The Affirmative Action Officer will try to complete this report within 42 days after the start of the Investigation Stage.
If the Affirmative Action Officer concludes that no violation of the Protocol has taken place or that there is insufficient evidence to conclude that a violation has taken place, the complaint or a portion of it will be dismissed.
If the Affirmative Action Officer concludes that a violation of the Protocol has taken place, the respondent may be subject to sanction. If the respondent is an employee, the respondent may be sanctioned pursuant to an applicable collective bargaining agreement, employment contract, or University procedures. If the respondent is a student, the respondent may be sanctioned by the Office of Student Life pursuant to the Code of Student Conduct.
Appeal: [back to top]