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The City University of New York Employment
Discrimination Complaint Procedure 

IV. Pursuing a Complaint with the Affirmative Action Office

After consultation with the AA/EEO Officer, where it has been determined that a possible violation may have occurred, the complainant will be informed of options available for subsequent action. These options can fall into two main categories:

• Alternative Dispute Resolution
• Internal Complaint Investigation

A. Alternative Dispute Resolution (ADR)

The objective of this option is to stop the behavior or action that forms the basis for the complaint of illegal discrimination without the college's engaging in a full investigation or making a finding as to whether discrimination has occurred. This option will be recommended if the AAJEEO Officer and the complainant agree that this approach has the potential to address the allegation(s). A decision to proceed through the ADR channel does not preclude a subsequent investigation if the complaint cannot be resolved through ADR. Possible resolutions through ADR include, but are not limited to:

1. the complainant taking steps to resolve the complaint on her/his own without intervention by the AA/EEO Officer or a college official; or
2. having complaint resolution activities facilitated by the AA/EEO Officer or another appropriate college official. Whenever possible, complaints should be resolved within 90 working days following initiation of the complaint. Any settlement, withdrawal or other disposition of such a matter does not constitute binding precedent in the resolution of similar complaints.

1. Process: When ADR is not feasible or possible, the AA/EEO Officer win completely and thoroughly investigate discrimination complaints and will make a determination as to whether an antidiscrimination law, regulation, or college or University policy has been violated. If a violation has occurred, action will be taken to correct the violation and where appropriate to discipline employees who have engaged in discriminatory conduct.
   
   Any employee wishing to pursue an investigation is encouraged to file a written complaint with the AA/EEO Officer. When a complainant is unwilling or unable to file a written complaint, the AA/EEO Officer will nevertheless investigate the complaint based on the complainant's oral statements as soon as possible after the AA/EEO Officer receives a complaint. The appropriate parties will be notified that a complaint has been filed and that an investigation has begun.
   
   Where the investigation of a complaint requires it, the AA/EEO Officer shall have the authority to request and examine relevant records and files and to make inquiries necessary to investigate the complaint. All employees of the college are expected to cooperate with the investigation.
   
   Anonymous complaints will be investigated, to the extent possible, as any other complaint to ascertain the existence of illegal discrimination and to remedy the problem, if necessary.
   
2. Possible Outcomes of an Internal Investigation
   
   a.  A Finding that the Allegations Are Not Supported by the Facts:
   In the event that the investigation uncovers no reasonable basis for the allegations of discrimination, the complainant, the President, and all other appropriate parties will be notified of such outcome in writing. At that time, the complainant will be notified of options available to her/him.
   
   b.  A Finding that the Allegations Are Supported by the Facts:
   When the allegations of discrimination are substantiated by the facts, the AA/EEO Officer shall make a written summary of the findings for the President. Following receipt of the report, the President shall promptly take such action as he or she deems necessary and proper to correct the effects or to prevent further harm to an affected party or others similarly situated. Examples of corrective action include but are not limited to commencing disciplinary proceedings that could result in discharge, issuing verbal warnings, transferring an employee, and/or granting a benefit wrongfully withheld. The college's action will vary from case to case and will depend upon the degree and type of violation that has occurred. If, before an investigation is fully completed, the President feels immediate action must be taken to protect the college community, she/he may do so.
    
3. Withdrawal of Complaint
   The complainant has the right to request that the investigation be terminated at any stage of the process; however, the AA/EEO Officer may not terminate an investigation when there is evidence that the law or a University or college policy has been violated. In such an instance, the investigation must continue until a finding is made. Where an investigation is terminated at the request of a complainant, however, all parties will be notified in writing of the termination.

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