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Purpose
The Equity Complaint Council (ECC) serves as the hearing body for formal complaints brought under the University’s Policy on Discrimination and Harassment that are resolved under the University’s non-Title IX discrimination and harassment procedures. Following an investigation conducted by the Office of Equal Opportunity & Title IX (OEO), the ECC reviews the investigative record, conducts a hearing, determines whether a Policy violation occurred, and, where appropriate, imposes sanctions or recommends disciplinary action consistent with University policy and procedure.
Appointment and Term
Members of the ECC are appointed by the President upon recommendation of the Director of the Office of Equal Opportunity & Title IX. Members serve in accordance with applicable University appointment procedures and may be reappointed.
Training
Prior to serving on a hearing panel, each member receives extensive training that includes an overview of:
Tenured Faculty Members
Staff Members
Student Members
Structure
For complaints involving a student Respondent, the Hearing Panel shall consist of one (1) faculty member, one (1) staff member, and one (1) student member. The Hearing Panel has the authority to determine responsibility under the Policy on Discrimination and Harassment and, where a violation is found, impose sanctions consistent with University policy, up to and including suspension or expulsion.
For complaints involving an employee Respondent, the Hearing Panel shall consist of three faculty and/or staff members selected from the membership pool. The Hearing Panel shall determine responsibility under the Policy on Discrimination and Harassment and, where a violation is found, recommend appropriate disciplinary action. Final disciplinary decisions for employees shall be made in accordance with applicable University regulations and procedures.
Appeals Procedures
The University provides both parties with the opportunity to appeal certain dismissals, determinations of responsibility, sanctions, and disciplinary actions issued under the Policy on Discrimination and Harassment.
Most appeals are reviewed by the Equity Complaint Appeals Council (ECAC), which serves as the University’s appellate body for complaints involving student Respondents (except in cases involving suspension or expulsion), staff Respondents, non-tenured faculty Respondents, and tenured faculty Respondents when termination is not at issue. Appeals involving student sanctions of suspension or expulsion, as well as appeals involving the termination of a tenured faculty member, are reviewed by the University’s Board of Regents as required by law and University policy.
Appeals are not intended to be a new investigation or rehearing of the complaint. Rather, appeals are limited to specific grounds identified in University policy, including procedural error, new evidence, conflicts of interest or bias, and challenges to the justification for sanctions or discipline.
The ECAC consists of senior University administrators who were not involved in the investigation, hearing, or resolution of the matter and who receive annual training regarding discrimination and harassment complaint procedures.
Additional information regarding appeal rights, timelines, procedures, and applicable standards may be found in the Policy on Discrimination and Harassment.
Title IX Investigations
Complaints related to Title IX sex discrimination are resolved through a separate process and are not heard by the ECC. Following an investigation, Title IX matters that proceed to a hearing are adjudicated by a third-party Hearing Officer in accordance with the University’s Policy on Discrimination and Harassment. Both parties may appeal certain dismissals and determinations in accordance with University procedures. Additional information regarding the Title IX process may be found on the University’s Title IX webpage.