Discrimination and Harassment Policy
The following summarizes the procedure for raising concerns or filing complaints about discrimination or harassment which violates the University's nondiscrimination policy. The complete procedure is available at the Equal Employment Opportunity Office in Powers Hall.
The University of Maine System is committed to maintaining a respectful, fair educational and work environment, free from discrimination or harassment. The goal of the University is to prevent discrimination or harassment from occurring and to provide a means of raising and resolving complaints. The Equal Opportunity Complaint Procedure may be used by any employee or student of the University of Maine System who believes that he or she has been discriminated against or harassed based on race, color, religion, sex, sexual orientation, including trans gender status or gender expression, national origin or citizenship status, age, disability, or veterans' status. Sex discrimination complaints alleging discrimination based on marital status, pregnancy, or parental status may also be raised through this procedure.
These procedures provide a mechanism for employees and students to file complaints and for investigation and resolution of such complaints. The University is responsible for providing an environment free of discrimination and harassment whether or not an employee of student chooses to file a complaint using these procedures. Nothing in this document should be construed to limit the University's ability to take corrective action when the University's Non-Discrimination policy is violated.
General Information
Who may file a complaint?
Any employee or student with a concern about discrimination or harassment should contact the University Equal Opportunity Officer or other person designated by the University as soon as possible after the alleged incident. Any person may bring information or a concern about discrimination or harassment to the Equal Opportunity Officer. A complaint may be initiated by an employee or student who feels he or she has experienced discrimination or harassment, or by anyone with knowledge of an incident. When the complainant is not the person who may have experienced discrimination or harassment, the University's ability to investigate and resolve the situation may depend on that person's willingness to participate in the investigation.
The Equal Opportunity Officer will provide information about University policy and relevant laws, suggest ways to handle the complaint either informally or formally, and provide referrals to counseling or other support services, as needed. In any situation in which the person accused of discrimination or harassment is a student and a formal complaint is filed, the investigation will be conducted by the Student Judicial Officer under the Student Conduct Code. In such cases the Equal Opportunity Officer may serve as a consultant.
Alternate investigator. The University shall also provide a qualified alternate investigator in certain circumstances. Complaints may be made to the alternate investigator if the Equal Opportunity Officer is the subject of the complaint. A request that the alternate investigator handle a complaint may be made if there is a concern that the Equal Opportunity Officer has a substantial conflict of interest in connection to the complainant or the person accused. If the Equal Opportunity Officer files a complaint, it shall be investigated by the Investigations Coordinator in the System Office of Human Resources.
Confidentiality. Investigations will be conducted as confidentially as possible to protect the privacy and due process rights of both the complainant and the individual accused. Consultation with and involvement of other employee, supervisors and others will be strictly limited to those who may have information about the alleged incident, who need to know that a complaint has been made, or whose job responsibilities include equal opportunity matters. All those involved in a complaint process are strongly encouraged not to discuss information about the complaint within the University in order to protect their privacy, the privacy of others, and the effectiveness of the process. The complainant and the person accused may discuss the matter with family and others outside the University as necessary for support and guidance and may obtain assistance from University counseling professionals.
Supervisor's responsibility. If a supervisor becomes aware of a discrimination or harassment concern regarding an employee's behavior, the supervisor should consult with the Equal Opportunity Officer. The Equal Opportunity Officer and the supervisor will discuss the situation and together decide how to proceed.
Time limits. The people responsible for this process will seriously attempt to meet all deadlines, but failure to do so will not prevent the process from continuing. Deadlines in this procedure are intended to serve as outside limits for actions to occur. In the interest of everyone concerned, all matters should be handled as expeditiously as possible. All deadlines refer to calendar days.
Retaliation. Retaliation against anyone who makes a complaint of discrimination or harassment or who is involved in a complaint process is illegal and constitutes a serious violation of University policy. Retaliatory action will be regarded as a basis for a separate complaint under these procedures.
The Equal Opportunity Officer discusses informal and formal options for resolving the problem. Complaints are handled as confidentially as possible to protect the rights of both the complainant and the person accused. Retaliation against anyone who makes a complaint or participates in a complaint process will not be tolerated.
The goal of the informal process is to seek a resolution acceptable to everyone involved. Most concerns can be addressed through the informal process, which provides the maximum privacy and an opportunity for the earliest possible resolution.
If the complainant chooses or if a problem cannot be resolved informally, the complainant may request a formal investigation. When the person accused of discrimination or harassment is a student and a formal complaint is filed, the Conduct Officer conducts the investigation according to the procedure in the Student Conduct Code. When the person accused is an employee, the Equal Opportunity Officer assesses whether the University's policy prohibiting discrimination or harassment has been violated and notifies the complainant, the person accused, and the responsible administrator. The administrator is responsible for taking action on the findings and making decisions about corrective or disciplinary action.
Under certain circumstances, either the complainant or the person accused may appeal the Equal Opportunity Officer's findings or the responsible administrator's decision to the Equal Opportunity Coordinator for the University System. The Opportunity Coordinator reports the results of the review to those directly involved, the campus Equal Opportunity Officer, the responsible administrator, and the campus President. The final decision on an appealed complaint is made by the campus President.
Students, staff, and faculty are encouraged to use this procedure to raise concerns or complaints, but may choose instead or in addition to file a grievance (for employees) and/or a complaint with the appropriate government agency.
If you have any questions or concerns about discrimination or harassment which violates the University's nondiscrimination policy, contact:
Equal Employment Opportunity Officer, Powers Hall,
255-1211
To request an alternate investigator, contact
Vice President of Administration and Finance, Powers Hall,
255-1221
To file a formal complaint about conduct by a student, contact:
Director of Student Life
Dorward Hall, 255-1220
