Non-Discrimination
Policy and Procedures
Clarion University of Pennsylvania

Non-Discrimination
Policy and Procedures
Clarion University of Pennsylvania

Published by

Office of Social Equity
in consultation with

Presidential Commission on Affirmative Action
Presidential Commission on Disabilities
Presidential Commission on Human Relations
Presidential Commission on Sexual Harassment
Presidential Commission on the Status of Women

This revised policy was approved on April 15, 2010
by the Council of Trustees.

Non-Discrimination
Policy and Procedures
I. Policy
A.

The procedures described below apply to complaints alleging
discrimination because of race, color, national origin, sex, age, religion,
disability, veteran status, sexual orientation and gender identity. These
procedures are intended to ensure fairness and consistency in the
university’s administration of its policies and practices. Every good faith
effort shall be made to resolve complaints through use of the university’s
administrative mechanisms. Complaints of sexual harassment are
investigated under separate university procedures.

B.

Clarion University is committed to the principles of free expression and
academic freedom. As such, “discrimination” as defined in this policy, is
neither legally protected expression nor the proper exercise of academic
freedom.

C.

These procedures shall be applicable to all university employees (except
where otherwise noted) and students located at the respective campuses
and sites. Employees represented by collective bargaining units may,
however, refer to the grievance procedures of their related bargaining
units. Undergraduate and graduate students may refer to the hearing
process set forth in the Student Code of Conduct.

D.

Complaints alleging discrimination against the assistant to the president
for social equity and/or the president of the university shall be filed
with the Office of the Chancellor, PA State System of Higher Education
(PASSHE) Dixon Center, Harrisburg, PA 17110, 717-720-4000.

E.

It is the policy of the university that individuals will not be reprimanded
or retaliated against for initiating an inquiry or complaint under these
procedures. It is also the university’s policy to recognize and respect the
rights of any individual against whom a complaint has been filed.

F.

Under this policy, the complainant is the individual who makes
allegations that discrimination has occurred. The respondent is the
individual against whom the allegations of discrimination have been
made.

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G.

In initiating or responding to a complaint, the complainant or respondent
may be accompanied by a member of the university community. Nothing
under these procedures is intended to abrogate the right of an individual
to consult with his or her attorney.

H. Every good faith effort shall be made to maintain confidentiality
throughout the complaint process. However, complete confidentiality
cannot be guaranteed under all circumstances.
I.

Complaints reported anonymously may not result in an investigation
but will serve to improve the university’s knowledge of the extent to
which there is a need to provide additional education relative to nondiscriminatory conduct.

J.

Any employee or student who believes that he or she has been unfairly
treated, in violation of the university’s policy, may institute the complaint
procedures as set forth below.

K.

Counseling is made available to any student or employee who believes
that he/she has been subjected to any form of discrimination. Students
may avail themselves of counseling services through the university’s
Counseling Center. Counseling services are made available to employees
through the State Employees Assistance Program (SEAP). SEAP may be
contacted through the Office of Human Resources.

L.

The university will provide training on an annual basis. All faculty
and staff are required to participate in this training within 60 days
of commencing employment and at least every year thereafter. The
university will provide training to all new students, orientation leaders,
and residence hall assistants.

II. Procedures
A. Informal Review
Step 1.

An employee or student who feels aggrieved should first discuss the
complaint with either his or her immediate supervisor, department
chair, or dean (where applicable). The employee or student should
inform the supervisor, chair or dean of his or her complaint within
a reasonable period of time. Normally, this is 30 calendar days
from the date of the individual’s first knowledge of the alleged
discriminatory action. Every effort should be made by the supervisor,
chair, or dean to resolve the complaint informally.

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Step 2.

In cases where discussion with an immediate supervisor, (e.g.,
chair, etc.) does not satisfactorily resolve the complaint, the
employee or student may initiate discussion with the successively
higher supervisors in the office, department, division, or college
(e.g., dean, director, or vice president). When discussion with
the heretofore mentioned supervisors proves unavailing (e.g.,
if the supervisor is the person charged with the discriminatory
conduct) or does not resolve the complaint to the satisfaction of the
complainant, the complainant should immediately file the complaint
with the assistant to the president for social equity. It shall be the
responsibility of assistant to the president’s to determine within
10 business days whether the complaint is properly classified as a
possible instance of discrimination based on the complainant’s race,
color, national origin, sex, age, religion, disability, veteran status,
sexual orientation, or marital status. If not properly classified,
the assistant to the president shall communicate such to the
complainant in writing.

Step 3.

If the assistant to the president determines that the complaint
should be considered under Equal Employment/Educational
Opportunity (EEO) procedures, he or she will discuss the complaint
with the complainant and attempt to serve as mediator in an effort
to achieve an informal resolution to the problem. The accused
will be informed of the concerns or complaint as presented by the
complainant and will be afforded an opportunity to respond. Said
response may be a written or oral presentation of factual data.
Should this mediation process result in agreement, as represented
in the disposition of the complaint, the terms of agreement shall
be recorded and signed by the complainant, respondent, and the
assistant to the president for social equity.

Step 4.

During all informal attempts to resolve a complaint, every effort
shall be made to: (1) notify the accused of the nature of the
complaint (which is generally within a twenty (20) day period);
(2) identify or defer the identification of the complainant, as
appropriate; and (3) maintain confidentiality of the investigative
process.

Step 5.

The complainant or the respondent may be accompanied by any
person of their choosing from within the university community
during the informal process or meetings for the purpose of
consultation. If either party is covered under a collective bargaining
agreement with the university, the Social Equity Office will inform
that party of his/her right to union representation.

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Step 6.

Should this mediation not resolve the complaint to the satisfaction
of the complainant, he or she may file a formal complaint, in
writing, within ten (10) business days with the assistant to the
president for social equity. At the employee’s or student’s written
request, the Office of Social Equity shall conduct a formal
investigation of the complaint. A sample form for the employee’s
statement of complaint is available from the Office of Social Equity
(see Attachment A).

B. Formal Review
1.

If the complaint cannot be solved through informal discussions, or the
offense is so egregious, the complainant should file a formal written
complaint with the Office of Social Equity. The assistant to the president
for social equity will notify the respondent that a complaint has been
filed and will send a copy of the formal written complaint to the
respondent.

2.

All formal, written complaints will be given a full, impartial, and
expeditious investigation by the Office of Social Equity. During such
investigations, while every effort will be made to protect the privacy
rights of all parties, confidentiality cannot be guaranteed. The assistant
to the president for social equity has the responsibility for investigating
complaints filed and will attempt to perform the investigation within 30
to 60 calendar days from receipt of the complaint. The investigation will
in all cases be thorough and circumspect. The assistant to the president
for social equity will interview the complainant, the respondent, and all
other parties as deemed appropriate. He or she will also gather relevant
factual data.

3.

If the assistant to the president for social equity believes that the
complaint has merit (i.e., warrants an investigation) and if the
respondent is covered under a collective bargaining agreement with the
university, the assistant to the president for social equity will inform
the respondent of his or her right to request union representation. The
respondent will be afforded an opportunity to respond to the charges as
specified in the formal complaint. Copies of the findings of the case will
be provided to both the complainant and the respondent.

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C. Sanctions and Remedies
1.

If investigation of the alleged discrimination shows that the complaint
is without merit, both parties will be so informed. If, however, the
assistant to the president for social equity finds that it is more probable
than not that there has been a violation of the university’s policy, the
assistant to the president will report these findings to the president
or the vice-president for student affairs (if and when there are issues
of student discipline). If and when disciplinary action is warranted,
appropriate disciplinary procedures may be initiated as set forth in
the Commonwealth of Pennsylvania’s Personnel Rules, the Student
Rights and Regulations Handbook, or in any of the pertinent collective
bargaining agreements in force at the university.

2.

Possible sanctions include, but are not limited to: a verbal warning, a
written warning, suspension, expulsion from the university, or termination
of employment.

3.

If the complainant and respondent remain dissatisfied with the results of
the process, he or she should so inform the president within five business
days from the date that he or she was informed of the complaint’s
findings.

D. Prohibition of Reprisals
The complainant or no other person shall be subjected to discharge,
suspension, discipline, harassment, or any form of retaliation for having filed,
participated in, or helped others use this complaint procedure.

E. Administration of the Procedures
1.

All records pertaining to an active complaint shall generally be kept in
a file maintained by the Office of Social Equity and shall be separate
from the employee’s personnel file. (Each file shall be kept for a period
of at least three years.) All records pertaining to formal disciplinary
action taken in such cases will be maintained in accordance with the
appropriate personnel procedures or other applicable policies.

2.

When any party cannot meet the time limit for action required at a given
step of the complaint procedures, he or she may notify the assistant to
the president for social equity that an extension is warranted under the
circumstances.
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F. Other Procedures for Addressing Complaints of Discrimination
Filing a complaint in accordance with the procedures set forth above in no
way abrogates the complainant’s right to file complaints of discrimination
with the appropriate state and federal enforcement agencies or with the
courts. These specific procedures are intended to resolve complaints within
the university. They are not ordinarily available or equipped to deal with the
substance of a complaint that has been filed with an external agency, The
complainant may also file a formal complaint with the Pennsylvania Human
Relations Commission, the United States Equal Opportunity Commission, or
the United States Department of Education, Office of Civil Rights. Usually,
180 calendar days is the time frame for filing a complaint with these
agencies.

G. Revisions
In order to be responsive to changes in state system policies and case law,
the procedures may be revised periodically.

It is the policy of Clarion University of Pennsylvania that there shall be equal opportunity in all of its
educational programs, services and benefits, and there shall be no discrimination with regard to a
student’s or prospective student’s race, color, religion, sex, national origin, disability, age, sexual
orientation/affection, gender identity, veteran status or any other factors that are protected under
local, state, and federal laws. Direct equal opportunity inquiries to Assistant to the President for
Social Equity, 207 Carrier Administration Building, Clarion University of Pennsylvania, Clarion, PA
16214-1232, 814-393-2109.

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Attachment A

Sample
Clarion University of Pennsylvania

COMPLAINT FORM
Date________________________________________
Complainant Name: ______________________________________________________
(Last Name , First Name, Middle Initial)

Address:________________________________________________________________
Town___________________________________________________________________
Telephone number___________________________
Check one:

q Student q Employee

Specifics of complaint (describe below, including any dates of alleged
discrimination). Attach an extra page if necessary.

If you wish, please describe any corrective action you would like to see taken with
regard to the possible discriminatory conduct. Attach an extra page if necessary.

________________________________________________________________________
Signature of Complainant

Clarion University, Office of Social Equity

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A member of the Pennsylvania State System of Higher Education

Office of Social Equity
Clarion University of Pennsylvania
840 Wood Street
Clarion, PA 16214-1232

www.clarion.edu