Problem Resolution/Complaint Investigation
Problem Resolution/Complaint Investigation for Staff, Academic and Student Employees and Applicants for Employment
EEP staff members are available to investigate or arrange for investigation of discrimination complaints, as well as, assist individuals who seek impartial advice or assistance in resolving conflicts and complaints involving discrimination or diversity-related issues. Our staff members maintain impartial, balanced and independent positions when providing problem resolution and complaint investigation services. Assistance may include policy research and clarification, counseling, referral to on and off campus resources and facilitation of conflict resolution meetings.
Complaints alleging discrimination may be filed with the EEP by staff, academic, and student employees or applicants for employment. Investigations are conducted by qualified, impartial investigators who possess appropriate education and professional experience and undergo periodic professional training on workplace investigation best practices.
Our goal is to conduct investigations that are as timely as possible while not sacrificing thoroughness. Barring factors out of our office control (availability and cooperation of witnesses, availability of evidence and needed documents etc.); we aim to complete investigations and relay investigation outcomes within six to twelve weeks after the complainant’s allegations are understood and confirmed. The timeline is often driven by the complexity of the complaint.
Using EEP complaint procedures does not preclude an employee's or applicant's right to file a complaint with the appropriate external agency (e.g. Equal Employment Opportunity Commission, California Department of Fair Employment and Housing) or from filing a formal grievance under the appropriate labor agreement or personnel policy. Civil remedies may also be available, including injunctions and restraining or other orders. Note: Campus grievance and state and federal discrimination charge processes and procedures all have filing time limits. We suggest that employees and applicants consult the appropriate agency or office regarding relevant procedure deadlines.
Currently, EEP does not impose filing time limits; however, reports of incidents that occurred long ago and have not recurred may impact the ability to conduct an effective and fair investigation and EEP withholds the right to make a determination regarding whether an investigation is possible depending on the time period that has elapsed since the incidents in question occurred.
The University of California prohibits discrimination against or harassment of any person employed by or seeking employment with the University on the basis of race, color, national origin, religion, sex, gender, gender expression, gender identity, sex stereotype, pregnancy, physical or mental disability, medical condition (cancer‐related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, status as a protected veteran or service in the uniformed services. The UC Nondiscrimination Policy applies to prohibited conduct by co-workers and third parties, as well as, supervisors, managers and other university officials.
University policy prohibits retaliation against any employee or persons seeking employment for bringing a complaint of discrimination or harassment. University policy also prohibits retaliation against a person who assists someone with a complaint of discrimination or harassment, or participates in any manner in an investigation or resolution of a complaint of discrimination or harassment. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment.
All discrimination complaints are taken seriously by the EEP.
Retaliation
Anyone who believes they have been retaliated against for filing a complaint of discrimination, reporting discrimination concerns or participating in a discrimination-related investigation is encouraged to promptly report the retaliatory actions to the EEP.
Confidentiality
Absolute confidentiality cannot be promised. However, those investigating discrimination and harassment complaints only share or disclose information as is absolutely necessary to conduct an investigation, work toward a resolution or as policies or laws require. We ask that all involved parties maintain appropriate levels of confidentiality.
EEP is considered “an office of record” and may be required to take action once put on notice that discrimination may have taken place. Those seeking fully confidential advice or consultation should contact the Office of the Ombuds.
