Discrimination, Harassment, and Related Retaliation Complaint Procedures

The following is the university’s procedure for receiving, investigating, and resolving complaints of discrimination, harassment, and/or related retaliation under the Equal Opportunity, Nondiscrimination, Anti-Harassment, and Non-Retaliation Policy (“EO policy”). This does not include complaints related to sexual harassment covered by the university’s Title IX Sexual Harassment and Related Conduct Policy.

Submitting a Complaint

Anyone can submit a report of discrimination or harassment on the basis of protected characteristics, as defined in the EO Policy, and/or related retaliation (hereafter “complaint”) against a member of the university community via a central reporting form. Those who provide information are encouraged to give as much detail as they are willing and able to do and provide their contact information so that the university can request clarification or additional information as needed. A reporter’s decision to remain anonymous may inhibit the university’s ability to investigate and/or remediate a complaint due to incomplete information.

Please be aware that reports submitted using this form may not be reviewed outside of normal business hours. If there are immediate health or safety concerns, please contact 911 or GWPD at 202-994-6111.

Complaint Intake and Triage

The Office of Access and Opportunity (“OAO”) will provide central complaint intake, review, and referral which may include collaboration with other university units as needed such as Equal Employment Opportunity and Access, Conflict Education and Student Accountability, Office of Faculty Affairs, and/or Human Resource Management and Development, in consultation with the Office of the Vice President General Counsel as appropriate.

Initial Assessment

When evaluating whether a complaint should be investigated, the following factors will be weighed:

The reported information, if true, would indicate that discrimination or harassment on the basis of a protected characteristic, and/or related retaliation in violation of university policies has occurred. Additional alleged policy violations may be considered in the scope of the investigation and/or referred to the appropriate unit for investigation.
The reported information, if true, either (a) suggests that discrimination or harassment on the basis of a protected characteristic and/or related retaliation in violation of university policies may have occurred or (b) identifies reasonable and viable pathways for gathering information (e.g., witnesses could be interviewed, video footage could be obtained, etc.).

Note that this initial assessment does not predetermine an outcome. All relevant information will be considered at the conclusion of an investigation, and a finding will be made using the preponderance of the evidence standard (what the totality of the evidence indicates is more likely than not to have occurred).

Interim Action and/or Supportive Measures

When complaints are reported:

Interim actions will be considered and executed in collaboration with the appropriate offices to address urgent issues such as concerns for individual or community safety or the potential for irreparable harm (physical or financial). For students, this would follow the process as outlined in the Code of Student Conduct, and any action for employees will be in consultation with Faculty Affairs (for faculty) or Human Resource Management and Development (for non-faculty/staff employees). An example of an interim action includes but is not limited to exclusion from university property.
Supportive measures will be considered and executed to restore or preserve the ability of involved parties to continue to access and engage at the university. Examples of supportive measures include but are not limited to facilitating access/referral to university resources (e.g., Counseling and Psychological Services, potential disability accommodations (where applicable) through Disability Support Services or Equal Employment Opportunity and Access, Student Outreach and Support, Office for Diversity, Equity, and Community Engagement, GW’s Employee Assistance Program), temporary relocation of housing or work location, and/or administrative mutual no contact orders.

Supportive measures may be appropriate in cases where, based on an initial assessment, a complaint is not referred for investigation.

Referral

If the outcome of the initial assessment results in a determination that the complaint should be investigated, it will be referred for investigation. Different units will be involved based on the status of the respondent1 (the individual or organization/group alleged to have engaged in the behavior documented in the complaint).

Equal Employment Opportunity and Access (EEOA) is responsible for managing complaints against nonfaculty employees (e.g., staff, librarians, and postdocs).
OAO is responsible for managing complaints against a faculty member in collaboration with the Office of Faculty Affairs. Investigations may be conducted by EEOA investigators or another investigator.
Conflict Education and Student Accountability (CESA) is responsible for managing complaints against a student or student organizations/groups.

Complaints may be addressed via an informal or investigative process as outlined below. In either instance, an investigator will be assigned to the complaint. Complainants and respondents may request a change in investigators upon a demonstrated showing that the investigator has an unmanageable conflict of interest or is biased. The investigator may be an independent third party. If a complaint is addressed via an investigation, different processes exist for resolution and appeals based on the role of the respondent (see below section on Investigation Resolution and Appeals).

The university has the discretion to consolidate multiple complaints, or allegations related to those complaints, into a single process if the allegations arise out of similar facts or circumstances. Consolidation might involve multiple complainants (individuals who experienced the alleged misconduct), a single respondent (the individual or group alleged to have engaged in the reported behavior), multiple respondents, multiple complaints between the same complainant and respondent, or violation of multiple university policies. Should a complaint not fall within the scope or jurisdiction of the policy, it may be referred to another university unit.

If a university unit other than OAO receives a complaint, it will be promptly forwarded to OAO with any corresponding documentation or submitted via the central reporting form. An acknowledgment of receipt of the complaint will be provided to the forwarding office, as appropriate.

Informal Process

The following are the steps and factors of an informal process regardless of the role of the respondent.

The informal process for addressing a complaint will only be considered when the parties involved voluntarily agree to engage in the informal option and the investigator approves its use.
The investigator, or a neutral designee, will engage the involved parties individually and the parties will not be required to meet directly unless agreed upon by all parties involved in advance and the investigator approves such a meeting.
The informal process does not involve an investigation, resolution, or appeal process as outlined below. The outcomes from an informal process do not typically result in the university making a determination regarding potential violations of university policies.
Outcomes from an informal process are typically remedy-based options as opposed to corrective action. Corrective action may only be included when there is sufficient factual foundation, both parties have agreed upon the corrective action, and the investigator approves such an action. For harassment or discrimination on the basis of a protected characteristic and/or related retaliation complaints, the outcomes will aim to remedy the reported effects, including the effects on the complainant (individuals who experienced the alleged misconduct), other affected parties, and on the university community as a whole, as applicable. Potential outcomes of an informal resolution can include but are not limited to:
- Mutual administrative no contact orders, where appropriate.
- Trainings on relevant topics according to the incident (discrimination, harassment, retaliation, etc.).
- Impact statements and written responses which can be reviewed by the respective parties.
- Agreements to limit contact through on-campus housing, class schedules, participation in student organizations or activities, work schedules or locations, etc.
Either party can withdraw from the informal process at any time prior to agreeing to a final outcome. If a party withdraws from the informal process the matter may be resolved using the below process of investigation, resolution, and appeal.
Once an informal process agreement (hereafter “agreement”) has been accepted by both parties and the investigator, the agreement is final and binding unless reopened by the investigator for modifications which would again need to be accepted by both parties. If a party violates an agreement, they may be subject to corrective action for noncompliance and/or related violations.
An agreement is not typically considered a disciplinary record unless stipulated in the agreement.
The outcomes of an agreement may be shared with a discrete number of university administrators in order to facilitate the terms of the agreement. Agreements may also be shared as required by law, such as in response to a lawful subpoena. Although confidentiality under the law cannot be guaranteed, involved parties should use discretion in sharing information related to the agreement, particularly in consideration of the university’s Non-Retaliation Policy.

Investigative Process

The following is the process for investigating a complaint. Please note that an investigation may occur regardless of the participation of a complainant, when applicable, as the university has an obligation to stop known cases of harassment or discrimination on the basis of a protected characteristic and related retaliation, prevent its recurrence, and remedy its effects.

The complaint will be assigned to a neutral fact finder trained in conducting investigations related to such complaints (hereafter “investigator”).
The investigator will conduct interviews with individuals who have information about the complaint and agree to be interviewed, and will document such interview requests and the interview. During the interview/interview request process, the investigator will:
1. Notify respondents and, when applicable, complainants of the allegations being investigated.
2. Provide respondents and, when applicable, complainants an opportunity to share evidence and identify witnesses to be interviewed. The investigator maintains discretion for determining relevance of evidence and witnesses. Statements regarding the character of involved parties will not be considered unless deemed directly relevant to specific facts of the case by the investigator.
3. Provide an overview of the university’s Non-Retaliation Policy to individuals participating in the interview process and the importance of discretion in sharing information outside of the investigation (investigators cannot guarantee or require broad confidentiality under the law).
The investigator will gather and review any available records, notes, statements, or other evidence related to the complaint.
Once the investigator has completed the investigation, they will create an investigative report that summarizes the relevant evidence and may make preliminary factual outcome findings.
Subject to any local, state, and federal confidentiality obligations, including but not limited to the Family Education Rights and Privacy Act (FERPA), a notice of outcome will be provided to the respondent and when applicable, the complainant. Information may be shared with a discrete number of university administrators in order to reach resolution or execute outcomes.

Investigative Resolution and Appeals

For Faculty and Non-faculty/Staff Employee Respondents:

The investigator will make a finding using the preponderance of the evidence standard (more likely than not) as to whether a policy violation occurred and whether the behavior at issue was prohibited harassment or discrimination, created a discriminatory hostile environment, and/or was related retaliation.
The investigator shares the findings with the applicable management chain (such as direct manager or academic unit lead) so that they may determine what action to take. For faculty, this includes engagement with the Office of the Provost, Faculty Affairs, and for nonfaculty employees, this includes engagement with Human Resource Management and Development. The management chain makes the final determination and is responsible for enforcement of any determined corrective action.
If a complaint of discrimination or harassment on the basis of a protected characteristic and/or retaliation in violation of university policy is substantiated, the university will take action to stop the conduct, prevent its recurrence, and remedy its effects, including its effects on the complainant and other affected individuals as well as the campus community, as applicable.
EEOA and OAO, as applicable, will monitor enforcement of determined corrective action. Applicable employment codes and collective bargaining agreements will be considered when making decisions on corrective action.
Respondents and, when applicable, complainants will be provided information regarding the appeal process facilitated by EEOA or other applicable appeal process.

For Student Respondents:

Consistent with the Code of Student Conduct, in cases where the Director of CESA or designee determines that outcomes are not likely to include removal from housing, suspension, or expulsion, the matter will be referred to a Student Conduct Conference for final determination and resolution. In cases where the Director of CESA or designee determines that outcomes could reasonably include removal from housing, suspension, or expulsion, the matter will be referred to a Student Conduct Panel or an Ad Hoc Panel for final determination and resolution. Additional details related to these two resolution processes are outlined in the Code of Student Conduct.
The presiding officer in a Student Conduct Conference or panel in a Student Conduct Panel or an Ad Hoc Panel will make a finding using the preponderance of the evidence standard (more likely than not) as to whether a policy violation occurred and whether the behavior at issue was prohibited harassment or discrimination, created a discriminatory hostile environment, and/or was related retaliation.
If a complaint is substantiated through this process, the university will take action to stop the conduct, prevent its recurrence, and remedy its effects, including its effects on the complainant and other affected individuals as well as the campus community, as applicable.
At the outcome of a resolution process, student respondents are provided information regarding the appeal process. Additional details related to the appeal process are outlined in the Code of Student Conduct.

Hostile Environment Assessment

The university will assess whether alleged conduct created a hostile environment for each complaint received. In situations where there is not a formal complaint but the university has become aware of potential discrimination, including a hostile environment, and/or related retaliation, the university will proceed with the initial assessment and investigation process outlined above. Additionally, the university will assess whether the cumulative effects of a series of incidents not reported in a single complaint may have resulted in a hostile environment at the university and take appropriate action to remedy as needed. Where the university does determine that discrimination or harassment on the basis of a protected characteristic and/or related retaliation has occurred, the university will take action to stop the conduct, prevent its recurrence, and remedy its effects, including its effects on the complainant and other affected individuals as well as the campus community, as applicable. 

Non-Retaliation

Retaliation against a person who makes a good faith report of violations of laws, regulations, or university policies, and/or who provides information or participates in a complaint review process, is prohibited. Additional information can be found in the university’s Non-Retaliation Policy. 

Questions

Below is the contact information for the university units responsible for receiving and investigating complaints of harassment, discrimination, and related retaliation as outlined in these procedures.

Contact	Phone Number	Email Address
Office of Access and Opportunity (OAO)	202-994-7434	inclusiongwu [dot] edu
Conflict Education & Student Accountability (CESA)	202-994-6757	cesagwu [dot] edu
Equal Employment Opportunity and Access (EEOA)	202-994-9656	eeogwu [dot] edu