Policy: Preventing and Addressing Retaliation
|Date: 05/27/08||Policy ID: HRM-010||Status: Final|
|Contact Office:||Equal Opportunity Programs|
|Oversight Executive:||President of the University|
|Applies To:||Academic Division, Medical Center and the College at Wise. Specifically, persons who, in good faith, complain of discrimination and/or harassment, or who assist with or participate in the complaint process.|
|Table of Contents:||Policy Statement
|Reason for Policy:||The University is committed to providing a workplace and educational environment, programs and activities free of retaliation against persons who, in good faith (holding a genuine belief in the truth of one’s allegations), complain of discrimination and/or harassment, or who assist or participate in the complaint process. This Policy does not allow curtailment or censorship of constitutionally protected expression.|
|Definition of Terms in Statement:||
Complaint: Allegation(s) of discrimination, harassment and/or retaliation, filed in good faith and in accordance with EOP’s Complaint Procedures.
Discrimination: Inequitable treatment by the University of a person based on one or more of that person’s protected characteristics or statuses, excepting any treatment permitted or required by law.
Harassment: Unwelcome conduct directed against a person based on one or more of that person’s protected characteristics or statuses, which conduct is so severe or pervasive that it interferes with an individual’s employment, academic performance or participation in University programs or activities, and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.
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The University prohibits retaliation directed against a person for making a complaint or assisting or participating in the complaint process. Retaliation may exist even when the underlying complaint is without merit.
This policy is intended to be consistent with applicable federal and state laws and state and University policies. The Office of Equal Opportunity Programs is responsible for enforcing this policy on behalf of the University and has complaint procedures available to do so.
All members of management, supervisors, faculty and University, classified and Medical Center staff are responsible for successfully completing the University’s non-discrimination, anti-harassment, and anti-retaliation training at least every two years.
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A complaint may be filed with EOP by any present or former employee of the University, student, applicant for admission or employment or participant in a University program or activity, who believes (s)he has been retaliated against in violation of this policy. Any such complaint must be filed within 300 calendar days of the incident.
This policy as well as the EOP Complaint Procedures and Complaint Form are accessible online and in printed materials. In addition, this policy is presented in online and live training offered by EOP.
EOP policies are published throughout the University in printed materials such as EOP brochures and University catalogs and recruiting materials (student and personnel).
This policy is based on federal and state laws, including Executive Order 11246, Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, the State Grievance Procedure Act, and the Genetic Information Nondiscrimination Act of 2008, as well as state policy, including the Governor’s Executive Order One, the Commonwealth’s Department of Human Resource Management (DHRM) Policy 1.60 - Standards of Conduct, DHRM Policy 2.05 - Equal Employment Opportunity, and DHRM Policy 2.30 - Workplace Harassment.
This policy establishes a new, stand-alone policy based upon a provision currently embodied in the Policy on Discriminatory Harassment (revised as of 2003). It is intended to comply with a change in the law pertaining to the definition of retaliation, as decided in Burlington Northern v. White, 126 S. Ct. 2405 (2006). In Burlington Northern, the U.S. Supreme Court extended the scope of the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 to include materially adverse employer action with consequent harm occurring at or outside the workplace.
|Major Category:||Human Resource Management|
|Category Cross Reference:|
|Next Scheduled Review:||05/27/17|
|Approved By, Date:||Executive Vice President and Chief Operating Officer, 05/27/08|
|Revision History:||Updated 10/22/14, 8/29/11, 1/6/11.|
|Supersedes (previous policy):|