Discrimination and Discriminatory Harassment Resolution Process

Any or all of the following steps may occur in the resolution of a report or complaint of discrimination and discriminatory harassment.

Counseling
Persons connected with the University of Michigan who believe they have experienced discrimination, discriminatory harassment, or retaliation may bring their concerns to the Office of Institutional Equity. A consultant will be available to counsel such individuals and provide information to help resolve the problem. The counseling role of the Office of Institutional Equity consultant is non-judgmental and has four objectives:
1. Help the individual accurately and carefully describe the problem;
2. Explain the standards developed under Title VII and other legislation used to determine whether discrimination has occurred;
3. Provide information concerning University policies as well as information on relevant state and federal laws and regulations;
4. Provide information and advice on options for resolution.
Informal Resolution
Individuals who believe they have been treated in a discriminatory manner should recognize that there needs to be more than a "belief" of discriminatory treatment. Information sufficient to support the belief is necessary. Occasionally, an aggrieved person may believe such information exists but she or he has limited or no access to such information. In such case, the Office of Institutional Equity consultant will acquire whatever information is available. The consultant will make a good-faith effort to resolve the problem through discussion and communication with the department or unit involved and/or with other appropriate University officials.

The Office of Institutional Equity consultant will be forthcoming and explicit with the aggrieved person and with University officials that such a discussion and request for information is not an "investigation" but rather an effort to determine the validity of the belief and whether there is sufficient reason to continue. When such requested information is received and reviewed and is in itself sufficient to settle the issue, then informal resolution is attained, and the issue will be considered closed and all parties involved will be so notified.
Formal Complaint
During the course of an investigation, the Office of Institutional Equity consultant will perform each of the following activities:
- Receive the Complaint
  In this context, a complaint is a statement making an allegation of facts. The complaint initiates the administrative process of investigation, leading to an answer.
- Analyze the complainant's charge
  Review the facts and assess the charges.
- Identify the type of discrimination alleged to have occurred
  Include discriminatory harassment, disparate treatment, disparate impact, or retaliation.
- Develop a written investigative plan
  - analyze the complaint for prima facie evidence,
  - allow the person(s) accused to articulate the legitimate, non-discriminatory reason for their action, or non-action and,
  - conduct an in-depth investigation into the charge of discrimination.
- Request documents and records
  This sequence will allow the consultant to interview all relevant witnesses and review all relevant documents.
- Proceed to interviews
  In every case, the consultant must analyze the facts as they are gathered. The purpose is to determine whether or not these facts will prove or disprove the Complainant's allegation.
- Conclude the investigation with analysis of the evidence
  Evidence will be presented on both sides; it is the responsibility of the investigator to weigh all evidence and determine which possible finding is supported by the greater weight of evidence.
Confidentiality
All consultants in the Office of Institutional Equity who have direct contact with members of the campus community are aware of the sensitivity of their positions. By participating in the activities described above, the consultants represent not only the Office of Institutional Equity but also the University of Michigan. The Office of Institutional Equity, therefore, requires the highest level of professionalism and integrity from its investigative staff at all times.

Information about the complaint is shared only with those who have a need to know. Those who have a need to know are those who are involved in the resolution of the issues.
Mediation
In situations where the informal and formal complaint procedures are less desirable to the complainant, the Office of Institutional Equity consultant may refer the complainant to the University's Mediation Services for Faculty and Staff for assistance.

A professionally trained, neutral mediator will meet privately with the individual bringing a complaint, in order to understand their concern, and at the mediator's discretion can meet with both the complainant and the individual complained about to facilitate discussion, resolve misunderstanding, and define the future relationship.

Mediation is especially helpful where the working relationship between the individuals is likely to continue, where the alleged harassment may have been unthinking and unintended, and where hearing the other party's concerns may be the most helpful education.

Mediation is confidential. Only the complainant and the individual complained about are involved. The mediator does not contact other witnesses or the department involved, unless the parties themselves have agreed that some such further communication would be helpful in mending the situation.

Mediation Services can be reached at 734-936-4214, or by email at mediation.services@umich.edu.

Discrimination and Discriminatory Harassment Resolution Process

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