Complaint Process

Equal Opportunity is the LAW; discrimination is prohibited by:

• Title VI and Title VII of the Civil Rights Act of 1964, as amended;
• Equal Pay Act of 1963;
• Age Discrimination Act of 1967, as amended;
• Age Discrimination Act of 1975;
• Title IX of the Education Amendments of 1972;
• Vietnam Era Veterans Readjustment Act of 1974;
• Americans with Disabilities Act of 1990, as amended;
• Immigration Reform and Control Act of 1986; and
• Texas Labor Code, Chapter 21.

Individuals who feel they have been discriminated against or subjected to harassment should contact the Office of Equal Opportunity Services (EOS). All inquiries will be  kept confidential, to the extent permitted by law and University policy, and no person should fear retaliation.

EOS serves the University in fulfilling the intent and spirit of equal opportunity laws by providing equitable resolutions to complaints and striving for an environment free of discrimination, harassment, retaliation, sexual misconduct, and inappropriate consensual relationships.

You have the right to raise discrimination and harassment concerns. You also have the right to utilize available resources, such as EOS, and do not have to follow any "chain of command" before contacting EOS.

University policies prohibit retaliation against individuals who participate in EOS's complaint process. If you believe you have experienced prohibited retaliation, you may contact EOS to address this concern. In addition, at any time during the process, you have the right to consult individuals or agencies external to the University, including the U.S. Equal Employment Opportunity Commission and the Texas Workforce Commission.

 

Resolving Complaints

All discrimination complaints, including those alleging sexual harassment will be brought and resolved pursuant to the following procedures:

A. Reporting

1. Responsibility of complainant:

Students, faculty, staff and visitors of the UT Arlington Campus who believe they have been subjected to illegal discrimination on the basis of race, color, national origin, religion, sex, age, veteran status, disability or sexual orientation are encouraged to report the incident as soon as possible after its occurrence to the Office of Equal Opportunity Services, or any University official, administrator or supervisor.

2. Responsibility of University official, administrator or supervisor:

Any University official, administrator or supervisor who receive a report of discrimination or sexual harassment shall promptly refer the matter and the complainant to Michelle Willbanks, Director EOS, Title IX Coordinator: eoaa@uta.edu.

3. Timeline for reporting incidents:

The University will accept a complaint no later than 90 calendar days after an alleged violation of this policy occurs. For that reason, the University encourages prospective complainants to file a complaint as soon as possible after the alleged violation occurs.

If the prospective complainant is a currently-enrolled student and the deadline for filing a complaint falls before the end of the academic semester in which the alleged violation occurred, then EOS will accept the complaint no later than 30 calendar days after the end of that semester.

The period in which the University will accept a complaint under this policy may be extended for good cause as determined by the EOS Director. Examples of reasons that constitute good cause include, but are not limited to, holidays, University breaks, or the unavailability of witnesses or parties to a complaint.

B. Complaint resolution process

There are two types of complaint resolution processes available to students, faculty, staff and visitors to UT Arlington who believe they have been subject to unlawful discrimination or harassment: informal resolution and formal resolution. EOS Resolution Process Flowchart

If the complaint you present falls outside EOS's jurisdiction, we will identify and refer you to the appropriate university office for further information and advice.

1. Informal resolution:

This informal resolution process is much like a consultation. During the consultation, options for resolving an individual's specific issue are discussed. Informal resolution options include, but are not limited to: helping the complainant communicate directly with the alleged offender; working with the appropriate department/unit to modify the situation in which the offending conduct occurred; arranging and attending a meeting between the alleged offender and the appropriate administrator to discuss the requirements of the university's policy on discrimination; or mediation. Informal resolution means that no formal investigation occurs and disciplinary action is not required to remedy the situation.

An individual may opt to pursue the formal process at any time. However, EOS may institute a formal process at any time if it determines that the conduct that is described in the complaint is severe, or part of a pattern of persistent misconduct.

The resolution of an informal complaint through the Office of Equal Opportunity Services is final.

2. Formal resolution:

The University formally will resolve complaints that allege severe misconduct or a pattern of persistent misconduct. Formal resolution involves the submission of a written complaint, a formal investigation into the facts alleged in the complaint, and the possibility of the imposition of disciplinary action on the alleged offender.

a. Complaint Initiation of Formal Resolution.

The complainant should complete a signed complaint form, along with any relevant documents and submitted to the EOS Office. EOS Complaint Form

The following communications do not constitute a complaint under the formal complaint process and will not be investigated or resolved under the formal complaint process:

• oral allegations from persons other than a complainant

• e-mail correspondence that does not include a completed complaint

• courtesy copies of correspondence or a complaint filed with persons or entities other than EOS

• inquiries that seek advice or information only

• pre-complaint consultations and informal resolution activities

b. Formal Investigation of Complaint

The Office of Equal Opportunity Services shall formally investigate complaints made pursuant to this process. The investigation shall include providing the alleged offender with a copy of the complaint and an opportunity to respond to it in writing within a reasonable amount of time; interviewing the complainant and the alleged offender and any witnesses who have relevant information concerning the complaint; and the gathering and examining documents relevant to the complaint.

C. Timeline for resolution

Investigations by the Office of Equal Opportunity Services will be conducted expeditiously and completed no later than sixty (60) work days from the date of the written complaint unless unusual circumstances require more time.

D. Document retention and confidentiality

UT Arlington will, to the extent possible and permitted by law, maintain the confidentiality of information received as a result of the charge and the investigation. Relevant information will be provided only to those persons who need to know in order to achieve a timely resolution of the complaint.

Where the complainant's desire to maintain anonymity constrains attempts at establishing facts and eliminating the potential sexual harassment or sexual misconduct, the University will attempt to find the right balance between the complainant's desire for privacy and confidentiality, and the responsibility of the University to provide an environment free of sexual harassment or sexual misconduct.

E. Retaliation prohibited

Reprisal or retaliation against an individual for making a complaint of unlawful discrimination, or for using or participating in the complaint process, is a violation of university policy and is subject to disciplinary action, up to and including dismissal from the university. Students, faculty, staff and visitors who file discrimination complaints will be informed of the law against retaliation and the procedures they should take if retaliation occurs.

F. Filing false complaints

Any person who knowingly and intentionally files a false complaint under this process is subject to disciplinary action up to and including dismissal from the university.