Procedures for Resolution of Discrimination / Harassment Complaints
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These procedures will be applied in conjunction with the following Clemson University Policies
for Equitable Treatment: Affirmative Action / Equal Employment Opportunity Policy, Policy on
HIV Disease and Aids, Policy for Individuals with Disabilities, Policy for Disabled and Vietnam-
Era Veterans, and Harassment Policy.
(These policies can be found at http://www.clemson.edu/access/ under “Policies”.)
These procedures apply to complaints of discrimination based on age, color, disability, gender,
national origin, race, religion, sexual orientation, or veteran’s status. The Office of Access and
Equity is responsible for investigating and processing all such complaints of discrimination /
harassment made against any member of the Clemson University community, including faculty,
staff, or students, or any vendor or contractor conducting business within the university with one
exception. Any grievance submitted as a Category I Faculty Grievance under the Faculty
Manual will be handled in accordance with the procedures outlined in the Faculty Manual
(www.lib.clemson.edu/fs/FacultyManual/facultymanual.pdf) even if the grievance includes
allegations of discrimination.
All members of the Clemson community should contact the Office of Access & Equity if they
observe or encounter conduct that may violate any of the University’s Policies for Equitable
Treatment. Reports of alleged violations may also be made to an immediate supervisor.
Alternatively, if the immediate supervisor is the alleged harasser, complaints may be made to the
next level supervisor. Students can report alleged violations to the Office of the Dean of Students
(undergraduate students), the Dean of the Graduate School (graduate students), Academic Deans,
Department Chairs, or directly to the Office of Access and Equity. University officials, managers,
Deans, Department Chairs, and supervisors that receive a complaint of discrimination / harassment
are required to notify the Office of Access and Equity in order to have complaints promptly
processed under the Informal and/or the Formal Complaint process described below. Information
essential to an investigation must be provided to the Office of Access and Equity upon request.
Reports of discrimination/harassment should be brought as soon as possible after the alleged
conduct occurs. Prompt reporting enables the University to more effectively investigate the facts,
determine if a violation of any policy has occurred, and provide an appropriate remedy or
disciplinary action. Therefore, complaints investigated under this procedure must be reported as
described in the previous paragraph no more than 120 days after the complaining party becomes
aware of the allegedly discriminatory or harassing conduct.
Informal Complaint Process
The goal of the Informal Complaint Process is to resolve concerns at the earliest stage possible with
the cooperation of the parties involved. This process includes but is not limited to discussions with
the parties, mediating an agreement between the parties, referring the parties to counseling
programs, conducting targeted educational and training programs, and making other
recommendations for resolution. Upon notification of an informal complaint, an investigator in the
Office of Access and Equity will conduct an investigation into the allegations using the following
process:
* Discussions will be conducted separately with the complainant and the accused to review the
allegation(s) and develop a mutually satisfactory resolution. If deemed appropriate, the
investigator may bring the parties together for a joint discussion.
* The resolution process will be confidential to the extent permitted by law. The Office of
Access and Equity shall advise all parties of the confidentiality of the investigation and the
strict prohibition against retaliation.
* A written record of the allegation(s) and the resolution will be provided to the parties and
retained in the Office of Access and Equity.
* If the investigator, after hearing the complainant’s statement, determines that a formal
investigation is necessary, the complaint will be handled under the Formal Investigation
Process below.
* Resolution of complaints handled under the Informal Complaint Process shall either be
completed within 30 days of receipt of the complaint by the Office of Access & Equity or
referred to the Formal Complaint process within that time period. The Office of Access &
Equity shall notify all parties in writing if a matter originally submitted under the Informal
Complaint process is going to be handled under the Formal Complaint process.
* The Informal Complaint Process is an optional step. The complaining party or the Office of
Access and Equity may decide to skip the Informal Complaint Process and proceed under
the Formal Complaint Process.
Formal Complaint Process
The formal complaint process will be followed by the Office of Access and Equity if the informal
complaint process is not successful or appropriate for addressing the allegations of the complaining
party (such as when the facts are in dispute in reports of serious misconduct). The wishes of the
individual making the report shall be considered but are not determinative in the decision to initiate
the Formal Complaint Process. For example, the University may determine that it is obligated to
proceed under the Formal Complaint Process due to the seriousness or nature of the allegations even
if the complaining party would prefer to proceed under the Informal Complaint Process. Upon
notification of a formal complaint, an investigator in the Office of Access and Equity will conduct
an investigation into the allegations using the following process:
* The process will be confidential to the extent permitted by law. The Office of Access and
Equity shall advise all parties of the confidentiality of the investigation and the strict
prohibition against retaliation.
* The investigation shall include interviews with the parties, interviews with other witnesses
as needed, and a review of relevant documents if appropriate. If all witnesses identified by
the parties are not interviewed, the investigator will document the reason the interviews
were not conducted.
* The individual(s) accused of violating any Clemson Policy for Equitable Treatment shall be
given a written statement of the allegations made by the complainant.
* The investigation shall be completed as promptly as possible and in most cases within 45
days of the date the Formal Investigation Process was initiated. If the investigation cannot
be completed within 45 calendar days because of valid extenuating circumstances, the
complainant will be notified and given a projected time of completion. In cases where the
complaint is submitted to Access & Equity near the end of the semester, the 45-day limit can
be suspended until the start of the following semester if necessary to conduct interviews of
witnesses or primary parties who were unavailable during academic breaks.
* The investigation should result in a written report that includes a statement of the
allegations, the positions of the parties, a summary of the findings of fact, and a
determination by the Investigator as to whether University policy has been violated, and
recommendations for actions to resolve the complaint if appropriate. If all witnesses
identified by the parties were not interviewed, the report shall include a statement explaining
why. The report shall be submitted to the University official(s) with authority to implement
the actions necessary to resolve the complaint.
* The complainant and the accused shall be informed within 30 days of the conclusion of the
investigation that the investigation is complete and whether any violations of policy were
found. The complainant shall be informed of actions taken to resolve the complaint only if
they are directly related to the complainant, such as a directive that the accused not contact
the complainant. The complainant may generally be notified that the matter has been
referred for disciplinary action, but shall not be informed of the details. Both parties will be
notified if all witnesses they identified were not interviewed and the reason they were not
interviewed.
Appeals of the Formal Complaint Process
* The complainant or accused has a right to appeal the decision of the formal complaint
process.
* Appeals must be submitted in writing to the Office of the President of the University within
7 working days (excluding weekends and University holidays) after receipt of the final
report of the formal complaint process. The President will appoint a member of his
Administrative Council to review and decide the appeal.
* Decisions not appealed within such time are deemed final.
* The appointed member of the Administrative Council will issue a decision on the Appeal to
all parties involved within thirty (30) calendar days after receipt of the written Appeal.
Filing with External Agencies
In addition to, or in lieu of, the procedures outlined above, a complainant may file complaints with
external agencies as follows:
* Students (undergraduate or graduate) may file a complaint with the United States
Department of Education, Office for Civil Rights. Complaints must be filed within 180
calendar days of the date of the most recent alleged discrimination.
* Employees may file complaints with one of two external agencies: the South Carolina
Human Affairs Commission (must file within 180 calendar days of the date of the most
recent discrimination); or the U. S. Equal Employment Opportunity Commission (must file
within 300 calendar days of the most recent alleged discrimination.)
Temporary Measures
At any point in the informal or formal complaint process, the investigator may recommend interim
actions to protect parties or witnesses to the investigation including but not limited to separating the
parties, reassignment, alternative work or student housing arrangements or other types of temporary
measures. The University also reserves the right to issue no contact provisions to any or all parties
involved in the procedures.
Retaliation Prohibited
Retaliation is conduct causing any interference, coercion, restraint or reprisal against a person filing
a complaint of discrimination/harassment or assisting in any way in the investigation and resolution
of a complaint. Retaliation is a violation of the University’s Harassment Policy and appropriate
sanctions will be taken against anyone found to have participated in any acts of retaliation.
* Persons who feel they have been subjected to retaliation for filing a complaint of
discrimination/harassment or for assisting with the resolution of a complaint should contact
the Office of Access and Equity.