TEXAS WOMAN'S UNIVERSITY
TWU HUMAN RESOURCES OPERATING POLICY
50.40
Subject: Grievance Procedures Related to Title IX, Disability/Handicap, Title VI,
Racial Discrimination, and Other Federal Regulations and Statutes
DATE PASSED: October 29, 2001
DATE REVIEWED: Currently Under Review
REVIEW NEXT BY:
PURPOSE:
Any employee or student has the opportunity to obtain a just and timely review
of grievances evolving from any policy or practice, which is considered, by
employees or students to be harmful, unfair, or discriminatory under Title IX or
the Disability/Handicap Regulations. Most complaints can be resolved through
counseling sessions between the employee and his/her supervisor. When a
complaint involves a matter within the administrative officer or supervisor's
control, that official will:
Hear the employee or student's complaint immediately;
Inform the employee or student of the right to seek resolution at a higher administrative level if not satisfied with the remedy reached.
Each employee or student is expected to attempt to resolve complaints
informally. A complaint becomes a grievance when an employee has exhausted all
avenues available to obtain administrative remedy to the complaint through
informal measures with supervisors and/or administrative officer.
I. Definitions:
A. Grievance:
Grievance means a complaint alleging
any policy, procedure, or practice, which
would be prohibited, by the Disability/Handicap Regulations and/or Title IX.
B. Title IX and Disability/Handicap Regulations:
Title IX means Title IX of the
Education Amendments of 1972, the 1975
implementing regulation, and any memorandum, directives, guideline, or subsequent
legislation that may be issued or enacted relating thereto. The Disability/Handicap
Regulations means the regulations implementing Section 504 of the Rehabilitation
Act of 1973, 29 U.S.C. 706 and relating thereto.
C. Grievant:
Grievant means a student or employee
of the Texas Woman's University who
submits a grievance relevant to Title IX, Disability/Handicap Regulations, or other
federal regulations or statutes.
D. Texas Woman's University:
Any reference to the Texas Woman's
University means any school, department,
subunit or program operated by the Texas Woman's University.
E. Title IX Coordinator. Disability/Handicap Regulations
Coordinator, and
Affirmative Action and Equal Employment Officer:
The Coordinator means the employee(s)
designated to coordinate the Texas
Woman's University efforts to comply with and carry out its responsibilities under
such laws and the implementing regulations.
F. Grievance Representative:
Grievance Representative means any
person designated by the Texas Woman's
University or by the Coordinator as a person with whom Title IX or
Disability/Handicap Regulations grievances may be filed. The Grievance
Representative may be delegated other tasks by the Coordinator.
G. Respondent:
Respondent means a person alleged to be responsible for the violation alleged in a
grievance. The term may be used to designate persons with direct responsibility for
a particular action or those persons with supervisory responsibility for a particular
action or those persons with supervisory responsibility for procedures and policies
in those areas covered in the grievance.
H. Review Officer:
Review Officer means the
representative(s) of the Texas Woman's University or of
its governing body who is delegated authority for hearing/resolving a grievance at a
specified level of grievance processing.
I. Grievance Decision:
Grievance Decision means the written statement of a review officer of her/his
findings regarding the validity of the grievance allegation and the corrective action
to be taken.
J. Corrective Action:
Corrective action means action which
is taken by the Texas Woman's University to
eliminate or modify any policy, procedure, or practice found to be in violation of
Title IX or the Disability/Handicap Regulations and/or to provide redress to any
grievant injured by the identified violation.
II. Filing of Grievances:
A. Eligibility for Filing:
Any student or employee, or any
member of the Texas Woman's University
community may file any grievance relating to Title IX or the Disability/Handicap
Regulations with the Coordinator.
B. Pregrievance Meetings:
Prior to the filing of a written
grievance, the grievant(s) should first consult with and
have a pregrievance meeting with the respondent alleged to be directly responsible
for the alleged violation and/or persons with immediate supervisory authority
related to the grievance. These persons will make reasonable efforts to meet with
any student or employee to discuss their complaints. If the matter cannot be
resolved at the immediate supervisor level, an appeal should be made to the
Coordinator for subsequent processing in accordance with the procedures outlined
below.
C. Grievance Filing:
Grievances filed with the Coordinator shall be in writing on the Grievance Form
provided by the Texas Woman's University through its Coordinator (Faculty and
Staff - please contact the Employee Advocacy Manager at (940) 898-3555 for this
form) and shall provide the following information: Name and address of grievant(s);
nature and date of alleged violation; name(s) of persons responsible for the alleged
violation (where known); requested relief or corrective action; and any background
information the grievant believes to be relevant.
D. Grievance Forms:
A grievance form may be obtained from
the Coordinator, upon request to facilitate
the filing of the grievance. The grievant may request assistant from the
Coordinator's office to assist in the completion of the form or in the filing of the
grievance.
E. Time Limit for Grievance Filing:
A grievance must be filed within
sixty days of the occurrence of the alleged Title IX
or Disability Regulations violation.
Initial Processing of Grievances and Notification of Respondents:
Within five days of the filing of a
grievance, the Coordinator shall notify the
respondent(s) of the grievance.
Grievance Processing Levels:
The following grievance levels are designated as set out under the appropriate
category of grievance as listed below. Grievances will first be reviewed or heard by
the official designated at grievance Level I. Appeal from the decision at Level I will be
reviewed or heard by the grievance Level II official, with appeals being made there
from to higher levels until the highest appellate level has been reached.
Grievance Processing Levels for Non-Academic Employees:
Level I Supervisor of the employee
Level II TWU
Director of Human Resources
Level III
Five-member ad hoc committee appointed by Vice President for
Finance and Administration.
Level IV Vice President
for Finance and Administration
Grievance Processing Level for Academic Employees and
Students (where complaint
relates to academic matters):
Level I
Department Chair
Level II Dean
Level III Five-member ad
hoc committee of faculty appointed by the Vice
President for Academic Affairs
Level IV Vice President
for Academic Affairs
Grievance Processing Level for Students (where complaint
relates to other than\
academic matters):
Level I
Assistant Vice President for Student Life or other administrator
designated by the Vice President for Student Life
Level II Five
member ad hoc committee by the Vice President for Student Life
Level III Vice President
for Student Life
V. Nature of Reviews and Hearing:
A. Review by an Individual Review Officer:
Reviews will be handled in an informal manner, with the Review Officer requesting
whatever information or documentation from persons concerned as is deemed
necessary for the review. The Grievant and Respondent may submit in writing to
the Review Officer such other relevant information as they desire.
B. Review and/or Hearing before ad hoc committee:
Review and/or hearings before an established University ad hoc committee will be
conducted in accordance with University procedures.
VI. Other Miscellaneous Provisions and Procedures:
A. Acceptance or rejection of a decision by the Grievant or Respondent
If the grievant or respondent rejects a decision rendered at a particular grievance
level, she/he shall, within ten days of the receipt of the decision, notify the
Coordinator of intent to appeal the grievance to the next level. This notification shall
be in writing. If no such notification is received by the Coordinator within ten calendar
days, any recommendation for corrective actions by a Review Officer or hearing
committee shall be forwarded to the President for consideration, and the grievance
will be recorded as closed by the Coordinator. Should the last day for filing such
appeal fall on Saturday, Sunday, or legal holiday recognized as a state holiday by the
State of Texas, then the appeal may be filed on the first day following such Saturday,
Sunday, or legal holiday.
B. Scheduling of the Hearing:
The Coordinator shall arrange a date for the hearing(s) and notify the grievant, the
respondent, and the Review Officer(s) of the time and place of hearing. This shall be
done in the most expeditious manner.
C. Expeditious Manner:
Grievances at all stages shall be handled by the Texas Woman's University in the
most expeditious manner.
D. Transmittal of the Decision:
Each Review Officer on the ad hoc committee designated in Level IV herein shall
within a reasonable time after such hearing is concluded transmit a written copy of the
hearing decision to the Grievant, the Respondent, if any, and to the Coordinator.
Mailing of such written documents to the Grievant by prepaid stamped envelope in
the United States mail at the address listed on the Grievance Form shall be deemed
notice to the Grievant as of the third day after the date of mailing.
E. Representation:
Each grievant has the right to be represented by a knowledgeable person of her/his
selection at any point during the initiation, filing, or processing of the grievance.
F. Assistance:
The institution/agency will provide assistance to grievants, including access to copies
of the Title IX and Disability Regulations.
G. Maintenance of Grievance Records:
Ad hoc committee grievance hearing may be recorded on recording devices supplied
by the Coordinator. Such recordings shall be maintained for period of three years
after resolution of the grievance. Grievant may obtain a copy of the recording from
any recorded hearing, at grievant's expense.
H. Maintenance of Written Grievance Records:
1. Grievance files:
Records shall be kept of each grievance process. These shall include at minimum:
The written grievance complaint filed by the grievant, the written finding of the
hearing officer(s), and any other material designated by the Coordinator. A file of
such records shall be maintained in the Office of appropriate coordinator.
2. Public grievance files:
For purpose of the dissemination of grievance precedents, separate file records
may kept which indicate only the subject matter of each grievance, the resolution
of each grievance, and the date of the resolution. These records shall not refer to
any specific individuals and they shall be open to the public.
3. Duration of maintenance of written
grievance records:
All written
grievance records will be maintained for a minimum of three years after
grievance resolution.
I. No Harassment:
No person shall be subjected to
recrimination for having utilized or having assisted
others in the utilization of the grievance process.
J. Role of the Title IX Coordinator:
It is the primary responsibility of
the Title IX or Disability/Handicap Coordinator to
ensure the effective installation, maintenance, processing, record keeping, and
notifications required by the grievance procedures.
K. The steps set out in the preceding sections or the
Title IX and Disability/Handicap
Grievance Procedure for the Texas Woman's University shall also constitute the
Grievance Procedures for Titles VI. VII. and VIII. the Equal Pay Act of 1963.
Executive Order 11246 as amended by 11375. and other Federal statutes and
regulations which relate to the University.
Title VI refers to Title VI of the Civil Rights Act of 1964.
Title VII refers to Title VII of
the Civil Rights Act of 1964. Title VIII refers to Title VIII of the Public Health Services
Act as amended by the Comprehensive Health Manpower Act and the Nursing Training
Amendments Act of 1971. The Equal Pay Act of 1963 was enacted as subsection 6(d)
of the Fair Labor Standards Act of 1938, 29 U.S.C. 206(d). Executive Order 11246
was issued on September 24, 1965, 42 U.S.C. 2000e, and Executive Order 11375
was issued on
October 17, 1967, 32 Fed Reg 14303.
APPROVALS:
Associate Vice President of Human Resources
Vice President of Finance and Administrations