The University’s proposal reiterates its commitment to providing a learning, living, and working environment free from unlawful discrimination and harassment and not to tolerate unlawful discrimination or harassment in any form. Complaints alleging conduct that violates the University’s EOAA policy will be processed though the University’s EOAA procedures. The University commits to make best efforts to ensure that complaints are resolved as expediently and efficiently as possible. Once an investigation is commenced and until a written finding is rendered by the EOAA office, parties may request a status report after sixty (60) days, and every thirty (30) days thereafter. The report will include an estimate of the additional time required to complete the process. Where appropriate, EOAA will implement interim measures as provided for under the University’s policy. Employees are entitled to representation during any investigation process, and retaliation is strictly prohibited.
The University proposes enhancing its EOAA appeals process, including by providing two additional grounds for appeal: conflict of interest/bias of an investigator affecting the outcome and questions concerning interpretation of University policy affecting the outcome. To address the Union’s request for an independent, third-party review, the University also proposes to make available a trained, independent appellate officer from outside the University to hear appeals of EOAA determinations, including EOAA resolution of harassment and discrimination claims. The appellate officer will be selected on a rotating basis from a pool of individuals with experience in higher education and/or employment law. An advisory group with representatives from various constituencies including GWC-UAW, Local 2110, will provide input for the selection of the pool. The appellate officer will review the written record and may meet with the Parties and the investigator.
The Union proposes that for grievances alleging discrimination or harassment that do not involve Title IX, the Union may proceed to arbitration no later than seventy-five (75) days after receipt of the complaint by EOAA, and for claims that involve Title IX, the Union may proceed to arbitration after the EOAA process is complete.
The University and the Union propose to enter into a side-letter agreement to establish a University-wide working group, including the GWC-UAW, to make recommendations to the University to address complaints of abusive or intimidating behavior not constituting policy violations on sexual and gender-based harassment or other forms of prohibited discrimination.