Guidelines for Resolution of
Discrimination and Harassment Complaints

These guidelines outline procedures for resolution of all types of unlawful discrimination and harassment complaints that fall within the purview of federal laws/guidelines. Federal laws and guidelines prohibit discrimination and harassment based on race, color, national origin, sex, religion, age, disability, and veteran status. Mississippi State University Operating Policy 03.02, Equal Opportunity Statement, prohibits discrimination and harassment based on sexual orientation and group affiliation. Any employee, student, applicant for admission or employment, or other participant in programs or activities of Mississippi State University who believes she/he has been unlawfully discriminated against or harassed should follow procedures outlined below to resolve the issue.

Federal Laws that Prohibit Discrimination and Harassment

1. Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color, religion, sex, and national origin. The prohibition of discrimination includes discrimination in hiring, firing, promotions, wages, job assignments, fringe benefits, and other terms and conditions of employment.
2. Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination against students based on race, color, and national origin in the classroom and in any program of the educational institution.
3. The Age in Discrimination Employment Act of 1967, as amended, covers individuals age 40 and over and prohibits discrimination in employment based on age.
4. The Equal Pay Act of 1963, as amended, covers gender-based wage discrimination. It prohibits discrimination in pay based on gender. The law covers both males and females.
5. The Americans with Disabilities Act of 1990, as amended, prohibits employers from discriminating against qualified disabled individuals in hiring, advancement, discharge, compensation, training, and other terms, conditions and privileges of employment.
6. Title IX of the Education Amendments Act of 1972, as amended, prohibits discrimination on the basis of gender. No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. This law covers employees and students.
7. The Vietnam Era Veterans Readjustment Act of 1974, as amended, prohibits discrimination in employment against disabled veterans and veterans of the Vietnam era by institutions holding federal contracts.

The federal laws listed above also prohibit harassment in the workplace and retaliation against an employee for participating in a protected activity.

Definitions

1. Harassment is uninvited and unwelcome verbal or physical conduct directed at a person because of his or her race, color, religion, sex, national origin, age, disability, sexual orientation, or group affiliation that is either of the following:
   • Quid Pro Quo or tangible employment action harassment consists of unwelcome conduct when:
     • submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic advancement or receipt of a university service, and
     • a tangible employment, academic or provision of services action results from the person’s failure or refusal to submit to such conduct.
   • Hostile Environment harassment consists of unwelcome conduct when:
     • such conduct has the effect of unreasonably interfering with an individual’s work or academic performance, thereby creating an intimidating, hostile or offensive working or learning environment, and
     • such conduct is so objectively and subjectively offensive as to alter the conditions of the person’s employment or academic advancement [conduct that a reasonable person would find hostile or abusive and one that the victim does in fact perceive to be so]. Hostile environment harassment is usually repeated and unwanted behavior, although a sufficiently serious, isolated incident may constitute harassment.
   • Retaliation is conduct intended as interference, coercion, restraint or adverse action taken against a complainant of harassment/discrimination or one participating in the complaint resolution process.
   • The complainant is the party asserting an allegation of harassment/discrimination against a specific person or persons.
   • A respondent is a party against whom an allegation of harassment/discrimination is asserted.
   • Protected Activity as defined by the EEOC Compliance Manual is
     • opposing a practice made unlawful by one of the employment discrimination statutes (listed above); or
     • filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the applicable statute (listed above).

Procedures for
Resolution of Discrimination and Harassment Complaints

Informal Process – Complainants shall attempt to reach an informal resolution to complaints through the administrative reporting structure of the academic or employment unit (through supervisor, Department Head, Dean, and/or Vice President). Informal resolution efforts should not normally extend beyond 10 working days from the initial date of complaint. A variety of informal options may be attempted. The option used is not limited to the following list.

1. The complainant may confront the respondent in person regarding the conduct.
2. The complainant may confront the respondent in writing regarding the conduct.
3. The complainant may ask the appropriate office (HRM, Department Head, Dean, and Vice President) to notify the respondent of the complaint and seek to resolve the complaint.
4. The complainant may ask the appropriate office (HRM, Department Head, Dean, and Vice President) to have the complaint mediated between the parties.

Formal Process – Complainant shall attempt to resolve the complaint informally and must have exhausted the administrative chain-of-command process, when feasible, prior to submitting a formal complaint. The complainant will:

1. Submit formal written complaint to the Office of Diversity and Equity Programs within 30 days of the discriminatory or harassment incident. Though 180 days is the federal standard for filing a complaint, to expeditiously resolve problems, complainants should seek resolution to a complaint as soon as possible after the incident occurs.
2. The Director of Diversity and Equity Programs, using federal guidelines, will determine whether an allegation of unlawful discrimination/harassment exists. If the allegation does not fall within federal guidelines or meet the standards of the laws for discrimination/harassment, then the Director will refer the complainant to the appropriate office for assistance [HRM for employee/employer relations issues, Dean of students for student/student issues and issues that do not fall within the purview of federal anti discrimination/anti-harassment laws; Division of Academic Affairs for faculty issues that do not fall within the purview of federal anti-discrimination/anti-harassment laws].

Office of Diversity and Equity Programs

If the Director determines that the allegation may be a violation of federal laws/guidelines, the following procedures shall be followed:

1. Director notifies the appropriate Vice President, Dean, and Department Head of the formal complaint.
2. The Director begins an inquiry into the allegations. Working in tandem with the appropriate Vice President, Dean, and Department Head, the Director should complete the inquiry process within 30 days from the date the complaint is received. The inquiry process may include any or all of the following: interviewing the complainant and respondent, interviewing witnesses, submitting questions to or taking statements from parties or witnesses, and reviewing documents related to the allegations.
3. The Director will coordinate the report of inquiry with the General Counsel (and HRM when appropriate) prior to finalizing the report.
4. A final report will be sent to the appropriate Vice President, Dean, and/or Department Head (Dean of Students if a student is involved) for any administrative or disciplinary actions.

The Director of Diversity and Equity Programs is an unbiased, neutral party whose responsibility is to collect data and facts that will validate or invalidate allegations of discrimination and/or harassment. The Director does not dictate administrative/disciplinary actions. Findings, in the form of a final report, will be given to the appropriate Vice President, Dean, and Department Head who will be responsible for taking the appropriate action.

Notification of Decision and Administrative Appeal Process

Upon conclusion of the determination process, the complainant and respondent will be sent a written copy of the appropriate decision by appropriate office. The complainant or respondent may appeal the decision in writing, within 10 working days, to the President. The appeal must be based on new facts not previously available, the sanction is arbitrarily harsh or capricious, or procedures were not followed that substantially affected the result. The President will normally render a final decision within 15 working days. This decision completes the university process.

Confidentiality

While confidentiality cannot be guaranteed, everyone involved in a complaint of unlawful discrimination/harassment is expected to treat all information given or received in connection with the filing, investigation, and resolution of allegations as confidential except to the extent it is necessary to disclose particulars in the course of the investigation or when compelled to do so by law. All individuals involved in the process, including the complainant and respondent should observe a high level of discretion and respect for the reputation of everyone involved in the process.