Policies to Address Allegations of Unlawful Discrimination and Harassment
The commitment of the University of Illinois to the most fundamental principles of academic freedom, equality of opportunity, and human dignity requires that decisions involving students and employees be based on merit and be free from invidious discrimination in all its forms.
The University of Illinois will not engage in discrimination or harassment against any person because of the following protected categories: race, color, religion, sex, national origin, ancestry, age, order of protection status, genetic information, marital status, disability, sexual orientation including gender identity, unfavorable discharge from the military or status as a protected veteran and will comply with all federal, state, and applicable local nondiscrimination, equal opportunity and affirmative action laws, orders, and regulations. In furtherance of the University’s commitment to the principles of equality and equal opportunity for all students, faculty, staff, and visitors, this policy and the associated procedures are established to provide a means to address complaints of discrimination or harassment based on the protected categories. The University will comply with all federal and state nondiscrimination, equal opportunity, and affirmative action laws, orders, and regulations. We encourage a campus environment that is inclusive to all members of society without regard to race, religion, gender, gender identity, disability, age, or veteran’s status.
The University is committed to providing prompt and effective resolution of incidents of discrimination or harassment. The University encourages informal resolutions of discrimination complaints as close to the source as possible. If disciplinary action is warranted, discipline will be imposed on a case by case basis in accordance with the facts and with applicable university statutes and relevant university policies. Reprisals against any person for participating in this process will not be tolerated.
University complaint and grievance procedures provide employees and students with the means for the resolution of complaints that allege a violation of this Statement. Inquiries or complaints should be addressed to the Assistant Director of Access and Equity, Human Resources Building Room 52, UIS, (217) 206-6222, aeo@uis.edu.
The UIS Access and Equity Office (AEO) works collaboratively with other campus offices and partners to provide and participate in learning opportunities related to discrimination, harassment, inclusiveness, respect, and diversity. Individuals and groups within the University community who are interested in such programming, including opportunities specifically tailored to particular environments or learning outcomes should contact AEO.
Section 1. Prohibited Unlawful Discrimination and Harassment
I. Discrimination based on Marital Status
University students and employees are protected from discrimination on the basis of their marital status, and will not be excluded from participation in, denied the benefits of, or subjected to discrimination under any University program or activity. Examples of discrimination based on marital status may include, but are not limited to:
- denying raises, benefits, promotions, leadership opportunities or performance evaluations on the basis of a person’s marital status.
- preventing any person from using University facilities or services because of that person’s marital status.
- denying a person access to an educational program based on that person’s marital status.
Pregnancy
The University’s policy prohibiting sex discrimination also prohibits discrimination on the basis of pregnancy and childbirth. Examples of discrimination based on gender or pregnancy may include, but are not limited to:
- denying raises, benefits, promotions, leadership opportunities, or performance evaluations on the basis of a person’s gender or pregnancy.
- preventing any person from using University facilities or services because of that person’s gender or pregnancy.
- making determinations regarding a person’s salary based on gender or pregnancy.
denying a person access to an educational program based on that person’s gender or pregnancy. - instigating or allowing an environment that is unwelcoming or hostile based on a person’s gender or pregnancy.
II. Hostile Environment
A hostile environment is defined as an environment on campus that, through harassing conduct (e.g., physical, verbal, graphic, or written) based on a person’s protected status (e.g., sexual identity, race, color, age, status as a person with a disability, and other attributes protected by law) becomes sufficiently severe, pervasive or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from a University program or activity. Whether the harassing conduct is considered severe, persistent or pervasive depends upon the context in which the behavior occurred, on a case by case basis. The University prohibits such harassing behavior on its campus, and by any person, while engaged in University business, whether on or off-campus.
When the University confirms that a hostile environment exists, it will take responsive action to redress fully the specific issues, prevent recurrence and ensure that individuals are not restricted in their participation in or receipt of benefits of University programs and activities.
III. Retaliation
The University is committed to ensuring that its learning and working environments are free from all forms of discrimination and harassment. The University strictly prohibits and will not tolerate reprisals or retaliation against persons due to their assertion of their protected civil rights, including the filing of internal complaints of discrimination, filing complaints with Federal or State civil rights enforcement agencies, or participation in an investigation of such a complaint (e.g., serving as a witness).
IV. Discrimination Based on Sexual Orientation (including Gender Identity)
The University of Illinois prohibits discrimination on the basis of sexual orientation and will not tolerate discrimination because a person is lesbian, gay, or bisexual. Sexual orientation means the actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person’s designated sex at birth. It is against University policy to treat a person differently from others in a detrimental way because of the person’s sexual orientation, or to exclude a person from participation in, or deny a person the benefits of, a University program or activity because that person is lesbian, gay or bisexual.
Gender Identity
The University has concluded that discrimination based upon gender identity is included in and covered by the prohibition against sex discrimination in the University’s equal opportunity and nondiscrimination policies. This means that a person is protected from discrimination and harassment, when that person’s gender identity contravenes or, is perceived to contravene stereotypical gender norms.
With regard to gender identity, those most intensely challenged by traditional gender-role expectations are transgender persons, many of whom experience such profound discomfort with their birth sex that they may transition to the other sex by undergoing sex-reassignment surgery. By contrast, some less strongly affected persons may live part- or full-time in a gender not their birth gender without desiring sex reassignment. Others may cross-dress on occasion while still identifying with their birth gender. In other words, the term “gender identity” embraces a broad range of individual identities and behaviors.
Examples of discrimination based on sexual orientation or gender identity may include, but are not limited to:
- denying raises, benefits, promotions, leadership opportunities, or performance evaluations on the basis of a person’s actual or perceived sexual orientation or gender identity.
- preventing any person from using University facilities or services because of that person’s actual or perceived sexual orientation or gender identity.
- denying a person access to an educational program based on that person’s actual or perceived sexual orientation or gender identity.
- engaging in or sanctioning continuing discriminatory conduct unrelated to the academic discussion in a course or class, thus creating a hostile environment for individuals who are present.
V. Race, Color, National Origin and Ancestry Discrimination
As outlined in the University’s nondiscrimination statement, no University student, faculty or staff shall, on the basis of their race, color, national origin, or ancestry, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any University service, program, or activity. Conduct that has such an effect and that consists of different treatment of students or employees on the basis of race, color, national origin, or ancestry violates University policy. Examples of discrimination based on race, color, national origin and ancestry may include, but are not limited to:
- denying raises, benefits, promotions, leadership opportunities, or performance evaluations on the basis of a person’s race, color, national origin, or ancestry.
- preventing any person from using University facilities or services because of that person’s race, color, national origin, or ancestry.
- denying a person access to an educational program based on that person’s race, color, national origin, or ancestry.
- instigating or allowing an environment that is unwelcoming or hostile based on a person’s race, color, national origin, or ancestry.
The University has a responsibility to respond when it learns, either directly or indirectly, that racial harassment is alleged to be taking place. The appropriate response to racial harassment must be tailored to redress fully the specific issues. In addition, the responsive action must be reasonably determined to prevent recurrence and ensure that individuals are not restricted in their participation in or receipt of benefits of any University program or activity.
VI. Disability Discrimination
Disability discrimination can occur whenever a qualified individual with a disability is denied the same equal opportunities as other University students, faculty, and staff because of their disability status.
Under applicable disability laws, an individual with a disability is a person who:
- has a physical, mental, or cognitive impairment that substantially limits one or more major life activities
- has a record of such impairment; or
- is regarded as having such impairment.
Temporary, non-chronic impairments that do not last for a long time and that have little or no long-term impact usually are not disabilities. The determination of whether the impairment is a disability is made on a case-by-case basis.
What is a “major life activity” under the law?
To be considered a person with a disability, the impairment must substantially limit one or more major life activities. Examples of major life activities include walking, speaking, breathing, performing manual tasks, seeing, hearing, learning and caring for oneself.
What does qualified mean?
To be protected, a person must not only be an individual with a disability, but must be qualified.
University Students
For students, a qualified individual with a disability is a person who, with or without reasonable modifications to rules, policies, or practices; the removal of architectural, communication or transportation barriers; or the provision of auxiliary aids or services, meets the essential eligibility requirements for the receipt of services or participation in programs or activities provided by the University.
University Employees
For University employees, a qualified individual with a disability is a person who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position and who, with or without a reasonable accommodation, can perform the essential functions of the position.
What is a reasonable accommodation?
University Students
A reasonable accommodation is reasonable modifications or adjustments in the form of academic aids or assistance when the modifications are necessary to avoid discrimination on the basis of disability unless the modifications would fundamentally alter the nature of a University service, program, or activity. Please refer to separate UIS policies for students with disabilities in Residence Life. Examples of reasonable accommodations may include, but are not limited to:
- note-taking services
- text conversion to alternative accessible formats
- audio and videotapes
- qualified interpreter services
- adjusting time limits on tests
- making facilities and/or programs readily accessible to and useable by individuals with disabilities
University Employees
A reasonable accommodation is a modification or adjustment to a job, employment practice, or the work environment that makes it possible for a qualified individual with a disability to enjoy an equal employment opportunity. The University will provide a reasonable accommodation to the known disability of a qualified applicant or employee with a disability unless the accommodation would impose an undue hardship. Examples of reasonable accommodations may include but are not limited to:
- job restructuring
- modified work schedules
- obtaining or modifying equipment or devices
- modifying examinations, training materials or policies
- providing qualified readers and interpreters
- reassignment to a vacant position
- making facilities readily accessible to and usable by individuals with disabilities
When and how does the University provide reasonable accommodations?
The University is obligated to make a reasonable accommodation only to the known disability of an otherwise qualified employee or student. In general, it is the responsibility of the employee or student to make her/his disability status and subsequent need for an accommodation known to the appropriate University official. Students may request accommodations through the Office of Disability Services in Student Affairs, and employees should contact their supervisor or UIS Human Resources. Once on notice of the need for accommodations, it is the responsibility of the supervisory University official and the individual with a disability to engage in dialogue to identify possible accommodations and assess the reasonableness and effectiveness of each potential accommodation. Determinations regarding accommodations on campus will be made on a case-by-case basis.
Determining a reasonable accommodation is very fact-specific. In general, the accommodation must be tailored to address the nature of the disability and the needs of the individual within the context of the requirements of the job or the program of study. If there are two or more possible accommodations and one costs more or is more burdensome than the other, the University will give primary consideration to the preference of the individual with a disability; however, the University may choose the less expensive or burdensome accommodation as long as it is effective.
Examples of discrimination based on disability may include, but are not limited to:
- denying raises, benefits, promotions, leadership opportunities, or performance evaluations on the basis of a person’s disability or perceived disability status.
- preventing any person from using University facilities or services because of that person’s disability or perceived disability status.
- denying a person access to an educational program based on that person’s disability or perceived disability status.
- failing to provide a reasonable accommodation.
VII. Age Discrimination
Age discrimination involves treating someone (an applicant or employee) less favorably because of their age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. It is not illegal to favor an older worker over a younger one, even if both workers are age 40 or older. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is unlawful to harass a person because of his or her age.
VIII. Religious Discrimination
No University student, staff, or faculty member shall, on the basis of religion, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any University program or activity. Persons who do not have sincerely held religious beliefs are also protected from religious discrimination. Examples of discrimination based on religion may include, but are not limited to:
- denying raises, benefits, promotions, leadership opportunities or performance evaluations on the basis of a person’s religion.
- preventing a person from using University facilities or services because of that person’s religion.
- denying a person access to an educational program based on that person’s religion.
- instigating or allowing an environment that is unwelcoming or hostile based on a person’s religion.
Harassment based on religious principles can take many forms; however, there are two general categories of religious harassment:
- coercion of participation or non-participation in religious activities, and
- hostile environment.
Coercion of Religious Participation or Non-Participation
No one with the authority to affect a student’s or employee’s status at the University may, explicitly or implicitly, insist that the student or employee participate in religious activities or hold particular religious views.
Religious Accommodation
The University may provide a reasonable accommodation based on a person’s sincerely held religious belief. In making this determination, the University reviews a variety of factors, including whether the accommodation would create an undue hardship. The accommodation request imposes responsibilities and obligations on both the individual requesting the accommodation and the University. For example, the person requesting the accommodation is obligated to make the University aware of their need for religious accommodation.
Once a request is made, the University will explore reasonable accommodations to address the person’s religious belief or practice, unless, again, the request creates an undue hardship. The person requesting the accommodation is obligated to cooperate with the University’s attempts to accommodate the request. When more than one accommodation is possible, the University may select any of the accommodations provided the accommodation will effectively eliminate the religious conflict.
What should you do if you feel that you have been subjected to discrimination or harassment?
The University encourages all parties to resolve their concerns on an informal basis if possible. Problem-solving processes on campus are offered by various University offices, such as the Office of Access and Equity, Human Resources, the Provost’s Office, the Office of the Dean of Students, and Residence Life. However, official student and employee complaints of discrimination and harassment should be directed to the Office of Access and Equity. Visitors to campus may also contact the offices listed above to express questions or concerns.
If informal attempts at resolution are not successful, or if a person does not want to explore an informal means by which to address his or her concerns, the University is committed to providing prompt and effective resolution to incidents of alleged discrimination or harassment. Persons who wish to pursue a complaint may do so by utilizing the applicable procedures below.
Section 2. Complaint Resolution Mechanisms
The success of this policy depends in large part upon its ability to protect the confidentiality of all parties involved. The following procedures are to be implemented with the expectation that members of the campus community will respect the confidentiality of the process.
I. Informal Procedure
To ensure the prompt but fair resolution of allegations of discrimination, an informal complaint resolution mechanism may be initiated by either the complainant or by the Assistant Director for Access and Equity, hereinafter referred to as the access and equity officer (AEO).
These procedures are applicable, though not exclusive, for all campus-based employees, including University administration employees, and students and applicants for employment and student admission at UIS.
Employees covered under collective bargaining agreements adhere to the grievance procedures in those agreements, which in some agreements allow the employees to use these discrimination grievance procedures when there is an allegation of discrimination.
The Complainant
To seek an informal resolution of the issue, the complainant, or someone acting with the complainant’s permission on his or her behalf, should lodge a complaint orally or in writing with the AEO. To encourage victims of discrimination to feel free to contact the AEO, callers may use a direct phone line to the AEO (currently 206-6222) or email aeo@uis.edu.
Upon receipt of a complaint the AEO shall first confer with the alleged victim to establish the nature of his/her complaint. The AEO shall discuss options for addressing the complaint, including the option of informal resolution or mediation, based on the facts presented and their application to law and policy. Informal resolution may involve the convening of the person with the concern and the person against whom the concern is lodged, along with other relevant persons requested by the complainant or other parties to the issue, with the consent of the complainant, who may choose to file a formal complaint at any time.
II. Informal Inquiry
Upon receipt of multiple reports against a particular alleged discriminator or upon the receipt of a grievous allegation of discrimination, the AEO may initiate an informal inquiry.
The AEO will inform the alleged discriminator of the nature of the complaint(s) and of the identity of the complainant(s), if known, and will meet separately and/or together with any known complainant(s), the alleged discriminator, and whoever else is necessary to ascertain the factual basis of the complaint(s) and to attempt to resolve the situation informally.
If the situation is not resolved informally within a reasonable period of time, the AEO will report the matter to the appropriate administrator(s) who has direct authority over the alleged discriminator. The administrator(s) may institute formal procedures.
III. Formal Procedure
Whether or not the informal resolution process is initially used, a person alleging discrimination may initiate the formal complaint resolution process by submitting a formal written charge of discrimination to the AEO within 300 days of the occurrence of the matter being complained against, if the complainant is an employee, or within one year of the matter being complained against if the complainant is a student.
Upon receipt of a formal complaint, the AEO shall initiate the process of investigating the underlying allegations, which shall include an opportunity for the complainant to provide all relevant facts and propose any relevant witnesses. In conducting the investigation, the AEO will have unrestricted access to all pertinent material, records, reports, documents, and computerized information in the possession of any campus personnel, and the AEO shall be afforded the opportunity to interview all persons possessing relevant information.
The person against whom the complaint is filed will also be afforded the opportunity to provide all relevant facts and propose any relevant witnesses. The AEO may also confer with additional witnesses or authorities relevant to the facts and circumstances.
Both the complainant and the alleged discriminator may submit whatever information they deem desirable. Obstruction of an investigation of an allegation of discrimination shall be grounds for responsive action or applicable sanctions by the administrator with responsibility to act.
The AEO must consider all relevant facts and circumstances, including any information offered by the person complained against which suggests a non-discriminatory reason for any actions alleged by the complainant to be discriminatory. All relevant facts shall be analyzed to determine if the actions or circumstances complained against have occurred on the basis of – that is, because of – a protected attribute such as disability or race or age or other protected status.
Investigative Report
At the completion of the investigation, the AEO will submit a written report of the investigation to the appropriate administrator with responsibility and authority to act, detailing the findings and, on request from the responsible administrator, suggesting appropriate remedies.
If it is not possible to complete an investigation and report within an objectively reasonable time frame, generally no more than 60 days from the initiation of the investigatory process, the AEO will notify the complainant and the alleged discriminator as to the cause of the delay and the expected time of completion.
Findings in Favor of the Complainant
If the findings are that discrimination has occurred, the appropriate administrator or next higher level administrator shall take appropriate corrective action to end the discrimination and take reasonable steps to avoid the recurrence of the misconduct. Disciplinary action or sanction against the discriminator, ranging from reprimand to discharge, shall be taken.
The corrective action should reflect the frequency and/or severity of the conduct, and additionally may also include counsel to prevent future occurrence. The AEO and the appropriate administrator shall make follow-up inquiries to ensure the discrimination has not resumed and the victim and/or anyone cooperating in the investigation have not suffered retaliation. If or when a student is found to have violated a campus discrimination policy, the violation is considered a non-academic violation of the Student Code. When the Dean of Students or other responsible Student Affairs executive administrator deems that disciplinary action must be taken, disciplinary proceedings as specified by the Student Code must be implemented.
Findings in Favor of the Alleged Discriminator
If the findings are that discrimination has not occurred, the AEO shall talk with the complainant to attempt to explain why the complaint was ill-founded based on facts. The complainant retains the right to file a complaint with an external agency or the courts.
Inconclusive Findings
If the findings are inconclusive, the AEO will propose and attempt resolution between the parties. Failing resolution, the complaint will be dismissed. The complainant retains the right to file a complaint with an external government agency or the courts.
IV. Documentation
The AEO shall maintain a permanent record of agreements reached under the formal resolution process, including investigative reports, corrective action taken, and follow-up activities. All material and information contained therein is deemed to be confidential and will be made available to parties outside of the process only as required by law.
Should an appeal be taken from the AEO’s findings and recommendations, these records will be made available to the individual or panel hearing the appeal. All records of the AEO and any appeal shall be maintained to ensure proper monitoring and reporting.
Section 3. Appeal
Final decisional authority on substantive and procedural issues related to complaints initiated by a campus employee or student shall reside with the Chancellor.
I. Students
If a student, either complainant or alleged discriminator, is dissatisfied with the Findings and Recommendations of the AEO, he/she may file a written request for a review of the AEO’s Findings and Recommendations with the Office of the Chancellor. The request must be filed within two weeks from his/her receipt of the AEO’s Findings and Recommendations and must state the basis for the appeal.
Upon receipt of the appeal, the Chancellor or his/her designee will make a thorough review of the written record of the grievance, request any additional information and within 30 days following receipt of the appeal will issue a written decision.
II. Campus Faculty and Academic Professionals
If a campus faculty or academic professional, either complainant or alleged discriminator, is dissatisfied with the Findings and Recommendations of the AEO, he/she may file a written request for a review of the AEO’s Findings and Recommendations with the Office of the Provost. The request must be filed within two weeks from his/her receipt of the AEO’s Findings and Recommendations and must state the basis for the appeal.
Upon receipt of the appeal, the Provost or their designee will make a thorough review of the written record of the grievance, request any additional information and within 30 days following receipt of the appeal will issue a written decision.
If a campus faculty or academic professional is dissatisfied with the decision of the Provost’s Office, they may within two weeks of the decision file a written request for review by the Chancellor’s Office.
III. Civil Service Employees
If a civil service employee, either grievant or alleged discriminator, is dissatisfied with the Findings and Recommendations of the AEO, he/she may file a written request for a review of the AEO’s Findings and Recommendations with the Office of Human Resources.
The request must be filed within two weeks from his/her receipt of the AEO’s Findings and Recommendations and must state the basis for the appeal.
Upon receipt of the appeal, the Executive Director of Human Resources or his/her designee will make a thorough review of the written record of the complaint, request any additional information and within 30 days following receipt of the appeal will issue a written decision. If a civil service employee is dissatisfied with the decision of the Human Resources Office, he/she may within two weeks of the decision file a request for review by the Chancellor’s Office.
Upon receipt of the appeal, the Chancellor or her/his designee will make a thorough review of the written record of the grievance, request any additional information and within 45 days following receipt of the appeal will issue a written decision that shall be final upon all parties to the complaint. If/when a civil service employee is found to have violated a campus discrimination policy and the responsible administrator recommends that disciplinary action be taken, the employee is covered by the applicable statute and Civil Service Policies and Rules.
IV. Campus-based University Administration Employees
Campus-based University Administration employees must file complaints of discrimination or harassment with the Office of Human Resources and Equal Opportunity in the President’s office of the University.
Section 4. Special Circumstances
I. The Complaint of Discrimination is Against the Assistant Director for Access and Equity
When the alleged discriminator is the AEO, the Chancellor’s designee shall be deemed to serve in the role of the AEO for purposes of implementation of these procedures.
II. The Grievance of Discrimination is Against the Chancellor
When the alleged discriminator is the UIS Chancellor, the complainant shall lodge a complaint in writing with the President of the University of Illinois:
364 Henry Administration Bldg. 506 S. Wright St.
Urbana, Illinois 61801
Phone: (217) 333-3071
III. Acts of Retaliation
It is a violation of this policy to retaliate against a person for complaining of discrimination or harassment, or for assisting, participating, or cooperating in an investigation of the same. When retaliation is charged, the complaining party can utilize the grievance resolution mechanisms specified in this policy. Retaliation is a basis for disciplinary action or sanctions by the appropriate administrator.
Complaints Filed Externally
Students and employees have the right to file complaints with external human rights enforcement agencies at any time within the boundaries of those agencies filing limits, which in some cases, extend 180 days from the alleged discriminatory incident or harm. When complaints are filed externally, the University will conduct its own investigation into the allegations in response to the complaint and comply with all agency requirements.
Employees who believe they have experienced unlawful discrimination or sexual, racial, or religious harassment at the University of Illinois Springfield, and students who believe they have experience sexual harassment or other sexual misconduct, may initiate a complaint with the Illinois Department of Human Rights by calling, writing, or visiting the office:
Illinois Department of Human Rights 222 S. College St.
Springfield, IL 62704
(217) 785-5100
IDHR also assists employees with filing complaints with the U.S. Equal Employment Opportunity Commission.
Students may also file complaints of unlawful discrimination with the U.S. Department of Education’s Office for Civil Rights, at:
Office for Civil Rights, Chicago Office
U.S. Department of Education 500 W. Madison St
Suite 1475
Chicago, IL 60661
Complaints should be initiated as soon as possible after the action complained of and must generally be brought within 300 days of the occurrence.
The filing of a charge of discrimination with an external government body/court does not allow UIS to cease action on an internal complaint under this policy nor does the filing of such a complaint affect the obligations of the campus with regard to the awareness and remedy of discrimination.
UIS must take prompt remedial action upon learning of allegations of discrimination as a result of either an internal or external complaint being made.
These procedures are applicable, though not exclusive, for employees, including student employees, all students, and all applicants for employment and student admission at UIS. Employees covered under collective bargaining agreements adhere to the grievance procedures in those agreements, which in some agreements allow the employee to use these discrimination grievance procedures when there is an allegation of discrimination.