Complaint & Grievance Process

What to Know Before You File a Complaint Or Grievance

Complaints

Filing a complaint brings to the university’s attention an alleged wrongdoing.

• The university will review the complaint and may investigate.
• When misconduct is substantiated, resolution of the complaint is typically between the university and the respondent.
• If disciplinary or corrective action is imposed, that is kept confidential from the complainant except in the case of Title IX violations.

Grievances

Filing a grievance is an avenue for seeking redress when your rights have been violated.

• Senate faculty have the right to file a grievance with the Academic Senate.
• Represented academic appointees (lecturers, academic student employees, and others) have the right to file a grievance through their respective collective bargaining agreements.

The grievance procedure is a formal process for seeking a remedy when other attempts have failed.

Conflict Resolution

Conflict Resolution: Many disputes can be resolved short of filing a complaint or grievance. Conflict resolution resources that the university provides include the campus Ombuds, Academic Employee Relations, and academic human resources contacts in the Dean’s Office.

Types of Complaints and the Relevant Policies – What’s the Difference?

Abusive Conduct in the Workplace

The UC Abusive Conduct in the Workplace Policy prohibits harassing or threatening behavior in the workplace that is sufficiently severe, persistent or pervasive as to deny, adversely limit, or interfere with a person’s participation in or benefit from the education, employment or other programs or activities of the University. This policy applies to all university employees and vendors (it does not apply to students unless they are student employees acting in the course and scope of their employment).

• Abusive Conduct in the Workplace complaints are reviewed by a Compliance Specialist. Some matters are recommended for “early resolution”, which may engage the complainant(s).
• If a complaint against a Senate Faculty member is investigated and determined to be a policy violation, it is referred to the Charges Committee to consider whether to recommend discipline. 

For more information, see Employee and Labor Relations: Abusive Conduct in the Workplace.

Title IX

Title IX is a federal law that prohibits gender or sex based discrimination in any federally funded education program or activity.

• You are encouraged to file a TItle IX complaint if you feel that you experienced or are experiencing any sex or gender based discrimination or harassment (including by not limited to sexual violence, stalking, unequal treatment on the basis of sex or gender, indecent exposure, invasion of sexual privacy, or retaliation for participating in an investigation.
• You are required to file a Title IX report if you are an academic employee and a student informs you of sexual harassment or sexual violence (or any of the above) or if you are a member of the faculty, dean, or supervisor and you informed by a member of the faculty or staff of sexual violence/sexual harassment.

If a complaint against a Senate Faculty member is investigated and determined to be a policy violation, it is referred to the Charges Committee to consider whether to recommend discipline. 

For more information, see the Investigation and Adjudication Framework for Senate and Non-Senate Faculty (The Charges Committee serves as the Peer Review Committee.)

Discrimination or Harassment

The Office of Equity and Equal Protection (EEP) is responsible for ensuring compliance with anti-discrimination laws and policies and the campus Whistleblower Policy.

If you feel that you have experienced harassment or discrimination because of your actual or perceived Protected Category, or that the university failed to provide you with reasonable accommodation when required by law, file a complaint with EEP. 

Faculty Code of Conduct Complaint

A Faculty Code of Conduct Complaint is the process by which anyone may charge that a Senate Faculty member has violated the Faculty Code of Conduct.

• A complaint must describe the Senate Faculty Member’s conduct and identify the section(s) of the Faculty Code of Conduct alleged to have been violated.
• Anonymous complaints cannot be submitted, and complaints must be submitted in writing.
• Complaints and any supporting documentation are received by the Campus Provost/Executive Vice Chancellor. The Faculty Member respondent is notified of the complaint and provided an opportunity to respond. The complaint and any response are then forwarded to the Charges Committee of the Academic Senate.
• The Charges Committee may conduct or authorize an investigation in order to determine whether there is sufficient evidence to warrant the initiation of disciplinary action by the administration. The Charges Committee advises the Campus Provost whether any of the allegations in the formal complaint, if true, would constitute a violation of the Faculty Code of Conduct and, if so, whether there is probable cause to warrant the initiation of disciplinary action by the administration, and if so what specific disciplinary sanction(s) it recommends.

For more information and the FCC Complaint Form, see: CAPM 002.015. For procedures in the event that disciplinary action is commenced by the administration against a member of the Academic Senate, see Academic Senate Bylaw 336.

Other Disruptive Behavior

Please see the Flow Chart for Reporting Misconduct for further guidance determining your options, and contact the Director of Academic Employee Relations if you have any questions or concerns you would like to discuss.

Respondent Services – If You Are the Subject of a Complaint

Title IX Complaints

Academic Personnel provides respondent services to persons accused of violating Title IX.

• Respondent services are informative, not advisory. Information is available about policies and procedures, and resources for seeking support.
• Respondent services do not include confidential advice.

Non-Title IX Complaints

Academic Personnel does not provide respondent services for non-Title IX complaints (e.g., complaints of discrimination, failure to accommodate, and abusive conduct).

• If you are the subject of a non-Title IX complaint, you are encouraged to contact your union representative.
• If you are not represented by a union, you may want to contact an attorney or confidential advisor.

See Respondent Services for Academic Employees for additional and contact information for both Academic employees and non-academic Staff employees.