Complaint Process

Filing a Charge of Harassment

Any student, faculty member, or employee who feels he/she has been the victim of harassment or other form of discrimination on the basis of race, religion, sex, national origin, sexual orientation, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military, or status as a disabled veteran or veteran of the Vietnam Era should follow the complaint procedures outlined below. Consistent with Illinois State University’s duty to provide a work and academic environment free from unlawful harassment or discrimination, the University reserves the right to investigate any allegation of harassment or discrimination upon receipt of sufficient evidence to sustain such claims.

Formal & Informal Complaint Process

Complainants will be asked to complete a form describing the alleged discrimination and/or harassment. Assistance will be provided, if needed.
To be actionable, a complaint must be filed within 180 days of the most recent incident.
The Complainant will meet with an investigator from the Office for Diversity and Affirmative Action to discuss options (informal, mediation, formal) for proceeding.

Resolution Options:

Informal Resolution. Discuss allegations and concerns with the Respondent and attempt to resolve the situation without a formal investigation. The Respondent is put on "notice." If attempts to resolve the situation are not successful, the Complainant may pursue mediation or a formal complaint.
Mediation. A process that enables the parties to work toward a mutually agreed upon solution with the help of a trained, neutral mediator. If attempts to mediate are not successful, the Complainant may pursue a formal complaint.
Formal Resolution. A full investigation is conducted, complete with findings.

The Office for Diversity and Affirmative Action will notify the person being charged that a complaint has been filed against him or her. ODAA will offer the charged party an opportunity to confirm or rebut the charge. If appropriate, ODAA will conduct negotiations with both parties and try to reach a mutually agreeable resolution.

Under such circumstances wherein a violation of a policy has occurred, the Office for Diversity and Affirmative Action may issue an oral or written warning, require that the Respondent not commit such an abuse again, impose mandatory counseling on the individual who violated the policy, or take any other sanction which appropriately reflects the severity of the violation of the policy. The Respondent may appeal a sanction according to the Appeals Process described below.
The Office for Diversity and Affirmative Action has sixty (60) working days from the date of filing the formal complaint to complete findings, if applicable. ODAA reserves the right to extend this time by a reasonable period according to the scope of an investigation or the cooperation of parties and witnesses. Complainant will be notified of this extension.

Appeals Process

If, in the judgment of the Office for Diversity and Affirmative Action, a violation did not occur, the Complainant will be so advised and given a verbal explanation of why the incident(s) described does not constitute discrimination on the basis of race, color, religion, sex, national origin, sexual orientation, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military, or status as a disabled veteran or veteran of the Vietnam Era.

If the Complainant or Respondent wishes to appeal the Office for Diversity and Affirmative Action’s finding or if the proposed resolution is unacceptable, he or she may file an appeal with the appropriate internal grievance committee (Student Code Enforcement and Review Board Grievance Committee, Civil Service/Office of Human Resources, Administrative/Professional Grievance Committee, or Faculty Ethics and Grievance Committee of the Academic Senate).

At any time prior to filing a complaint, or while a formal proceeding is in progress, a Complainant may file their charge with the appropriate external agency(ies).

Right to Final Appeal

Final appeals shall be made to the President of Illinois State University.

The President shall decide the appeal as soon as possible, but no later than 60 days of the final submission of appeal materials. The President’s decision shall be in writing include an explanation, and be submitted to the Complainant, the Respondent, and the Office for Diversity and Affirmative Action. This written decision on the appeal shall constitute the final administrative action.

Record Keeping Requirements

A copy of the disposition must be filed with the Office for Diversity and Affirmative Action regardless of whether the disposition results from the hearing process or informal resolution within the jurisdiction of a grievance committee.

Transfer of Function

If a complaint, whether informal or formal, is directed against the Office for Diversity and Affirmative Action, the functions assigned to the ODAA by these procedures will transfer to the Office of the President or to the President's designee. If a complaint, whether informal or formal, is directed against the President, the functions assigned to the ODAA by these procedures will transfer to the Illinois State University Board of Trustees.

Right to Advisor or Legal Counsel

The Complainant and the Respondent have the right to bring an advisor or legal counsel. If either party chooses to exercise this option, he or she shall submit the name of the advisor in writing to the Office for Diversity and Affirmative Action at least 72 hours prior to the meeting. If either the Complainant or the Respondent's advisor is a person degreed or qualified in law, the Office for Diversity and Affirmative Action must be notified.