Complaint Resolution Procedure
Marshall University, in its continuing effort to seek equity in education and employment and also comply with Federal and State anti-discrimination legislation, has adopted a complaint procedure for the prompt and equitable investigation and resolution of allegations of discrimination, harassment and/or disparate treatment. This procedure may be used by any Marshall University student or employee.
This procedure will not replace the employee grievance procedure established by W. Va. Code §6C-2-2 and other outside enforcement agencies, such as the West Virginia Human Rights Commission, the Equal Employment Opportunity Commission, the Office for Civil Rights of the Department of Education and the Office of Federal Contract Compliance of the Department of Labor.
Rather, the Complaint Resolution Procedure provides a mechanism through which the University may identify and resolve incidents and allegations of discrimination and harassment. Marshall University recognizes and accepts its responsibility in this regard and believes that the establishment of this internal process will benefit students, faculty, staff and administration alike, permitting investigation and resolution of problems.
Requirements for Filing Complaints
- A complaint must be submitted in writing to the Office of Equity Programs. Forms are available for your convenience (see link at bottom of page).
- An employee or student must file a complaint within 30 days following the alleged discriminatory/harassing act or the date on which the complainant first knew or reasonably should have known of such act if the date is later.
- Complaints must be filed with the Office of Equity Programs.
- Any use of the word “day” or “days” refers to business days, excluding holidays and official University closings.
- Confidentiality All participants in the discrimination/harassment complaint resolution process described below, including the complainant and respondent, witnesses and any other parties shall respect the confidentiality of the proceedings. Breaches of confidentiality jeopardize effective functioning of internal complaint resolution. Participants are authorized to discuss the case only with those persons whose university duties entail a clear and genuine need to know.
- Nothing in the Complaint Resolution process operates to deny or infringe upon an employee’s right to pursue a formal grievance.
Overview of Process
Marshall University has adopted a complaint procedure for the prompt and equitable investigation and resolution of all allegations of discrimination/harassment and/or disparate treatment. This procedure is intended to resolve matters of unlawful discrimination/harassment and/or disparate treatment on the campus in a non-adversarial manner. It may be used by students, faculty, and staff. The steps in the complaint procedures are outlined below:
- First, If you wish to file a formal complaint, you must file the complaint within 30 days of the unlawful act. All complaints must be submitted in writing to the Office of Equity Programs (OM 324).
- Second, The Equity officer will discuss the matter with you and initiate an investigation. The Equity officer will consult with the respondent and any other pertinent witnesses. The Equity officer shall have access to all necessary documents, the right to interview witnesses, and the ability to bring together the complainant and respondent, if desirable.
- Finally, The Equity officer will attempt to resolve the problem informally. This resolution will be documented in a final report which will include any formal agreements that may result. The complainant retains the right to utilize the services provided by the WVPEGB and other outside enforcement agencies. (see Introduction, paragraph 2)
Through this Complaint Resolution Procedure, the University intends to assure all parties involved that they will get fair and equal treatment and that, allegations will be resolved to mutual satisfaction. Marshall University will take action to the fullest extent possible in order to prevent the recurrence of such incidents and to prevent any retaliation against the person who made the complaint (or was the subject of the harassment) or against those who provided information as witnesses. Please read the Complaint Procedures carefully and ask the Equity Officer any questions you may have about any matter related to the process at 304-696-2597 or hart70@marshall.edu. You may obtain a copy of the Complaint Procedure at the office of Equity Programs located in Old Main room 206.
Please be advised that those seeking to file a grievance should adhere to the policies and procedures outlined by the WVPEGB.
