Definition of Discrimination

For purposes of this grievance procedure, discrimination shall be defined as including:

1. Overt acts based on sex, race, color, national or ethnic origin, religio.fi, handicap, sexual preference, marital or parental status, age or military involvement;
2. Subtle behavior of the respondent, based on sex, race, color, national or ethnic origin, religion, handicap, sexual preference, marital or parental status, age or military involvement, that is sufficiently severe or pervasive to create a hostile or offensive working or learning environment, taken from the standpoint of a reasonable person (example of subtle discriminatory behavior include, but are not limited to, condescension, stereotyping, derogatory comments, tokenism and patronization): and
3. Retaliation, either overt or subtle, related to having made a complaint, opposed any unlawful employment practice, or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing.

Scope

This procedure applies to persons who are University of New Mexico students, faculty and staff (employees) at the time of the event or situation alleged to be discriminatory. Allegations against students (other than students with teaching responsibilities) may be referred, in whole or in part, to the Student Services Director for action. This procedure does not apply to complaints of sexual harassment which are grievable under the Sexual Harassment Grievance Procedure.

Equal Opportunity Programs (EOP)

The EOP has responsibility for implementing the University's affirmative action Koreans. As part of that responsibility, the EOP implements various phases of this procedure, including receiving inquiries and referring grievants to other offices, if appropriate; counseling grievants; receiving and recessing formal complaints; preparing a written investigative report which contains findings of fact and a conclusion as to merit; and attempting to conciliate meritorious complaints separately or jointly with the parties.

Consultation with Equal Opportunity Programs

General

An employee or student is encouraged to discuss any discrimination problem with the potential respondent in the first instance and thereafter with a supervisor, faculty member, department chair, or dean, as appropriate, in an attempt to resolve the problem without filing a formal complaint.

Consultation with EOP Counselor

Prior to filing a formal discrimination complaint a person shall contact the Los Alamos Campus Student Services Office to set up a meeting with a counselor. At the person's request, the meeting shall be held within one week of the initial contact. The person can call or meet with the Counselor anonymously to receive information.

The counselor will provide an opportunity to talk about the problem; evaluate whether the conduct/practice in question appears to constitute discrimination within the meaning of this procedure; and discuss the possibility of retaliation, and how to identify and report it. If the problem does not appear to be covered by these procedures, the counselor will refer the person elsewhere, if appropriate.

The counselor will explain options for resolution including problem solving, formal complaint, legal action, and counseling; discuss the requirements, advantages and disadvantages of each option; and offer referrals to other sources of assistance, including the Equal Employment Opportunity Commission and the Now Mexico Human Rights Division of the Department of Labor. The counselor shall explain that this procedure has no effect on deadlines applicable to filing with the Equal Employment Opportunity Commission or any other appropriate outside agencies.

It is intended that discrimination problems be resolved with the co operation of everyone involved, at the lowest administrative level possible, where appropriate.

If a student alleges discrimination within the academic process, the counselor shall advise the student regarding the preliminary resolution process.

The University of New Mexico-Los Alamos
4000 University Dr.
Los Alamos, NM 87544
(505) 662-5919; FAX (505) 662-0344
Copyright © 2008 The University of New Mexico- Los Alamos
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