Complaint Procedures

If a person believes they have been the subject of discrimination, it should be reported immediately to the Equal Opportunity and Affirmative Action Director. To achieve an environment free from discrimination, a faculty or staff member who is informed by an individual of a situation that could be considered discrimination should inform the Equal Opportunity and Affirmative Action Director of the situation. The EO/AA Director is responsible for ensuring that complaints are resolved in accordance with this policy.

Reporting

• The University of Texas-Pan American encourages any person who believes that he or she has been subjected to discrimination to immediately report the incident to the Equal Opportunity and Affirmative Action Officer. In no case will a complainant be required to report such behavior to the person accused of the misconduct.

• If a supervisor receives a complaint they shall immediately notify the Equal Opportunity and Affirmative Action Officer. Failure to immediately notify the Equal Opportunity and Affirmative Action Officer is a violation of this policy.

Complaint Investigation

In order to initiate the investigation process, the complainant should complete a complaint form with the details of the conduct that is the subject of the complaint.

1. Any persons thought to have information relevant to the complaint shall be interviewed, and such interviews shall be appropriately documented. Other acceptable methods for gathering information include, but are not limited to, visual inspection of relevant materials and follow-up interviews, as necessary.
2. As part of the investigation process, the accused individual will be provided with a copy of the complaint and allowed a reasonable time to respond in writing.
3. The complainant and the accused individual may present any document or information that is believed to be relevant to the complaint.
4. The investigation of a complaint will be concluded as soon as possible after receipt of the complaint. In investigations exceeding 60 days, a justification for the delay shall be presented to the EO/AA Director for review. The complainant, the accused individual, and the supervisor will be provided an update on the progress of the investigation after the review.

Confidentiality

To the extent permitted by law, complaints and information received during the investigation will remain confidential and will be maintained in the Equal Opportunity and Affirmative Action Office. Relevant information will be provided only to those persons who need to know in order to achieve a timely resolution of the complaint.

Retaliation

Retaliation against individuals who have filed a charge, or participated in an investigation or opposed any unlawful practice, is prohibited and will subject the person who retaliates to disciplinary action.

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