Discrimination Complaint Investigations

Here are the steps involved in an investigation when a discrimination complaint is filed.

1. Step 1: Concern is reported to EOCR

   • Hate/bias reports or reports about behavior that might violate UWM’s Discriminatory Conduct Policy can be made to the UWM Office of Equal Opportunity and Civil Rights (EOCR): by email (diverse@uwm.edu), by phone (414-229-5923) or by using UWM’s Hate/Bias reporting site.
   • After a report is received, EOCR will contact the reporting party to gather additional information about the concerns and to share resources and support options.
     • For students, those resources include the Dean of Students Office, University Counseling, the confidential victim advocate (for cases of sexual violence) and University Housing.

2. Step 2: Formal, written complaint is filed with EOCR

   • If the reporting party chooses to do so, they can file a formal complaint, or, at the reporting party’s request, EOCR can file the formal complaint on the reporting party’s behalf.  In rare circumstances — particularly where there is an ongoing safety threat to the campus or local community, or a pattern of alleged behavior by the same respondent — EOCR may proceed with a formal investigation even though the reporting party chooses not to file a formal complaint.
   • EOCR will review the complaint to ensure (1) that the respondent is a student, faculty, guest, vendor or contractor (as they are subject to UWM policies) and (2) that the conduct alleged is covered by the Discriminatory Conduct Policy or the Sexual Violence and Sexual Harassment Policy.
     • In general, prohibited behavior under the Discriminatory Conduct Policy includes discrimination (conduct that adversely affects any aspect of a person’s work, education or participation in activities at UWM and is based on a characteristic of the person that is protected under law, such as race, gender identity, religion, etc.) and discriminatory harassment (conduct of any type — verbal, written or electronic — that is directed toward an individual because of the person’s protected status and which unreasonably interferes with the person’s work, education or participation in activities at UWM).
   • Conduct that does not violate the Discriminatory Conduct Policy could still violate other UWM policies. In those cases, EOCR could refer the matter to other offices, such as the Dean of Students Office (for potential student conduct charges under the student code of conduct, Ch. UWS 17), or Human Resources (for review under the Faculty/Staff Code of Conduct).

3. Step 3: EOCR investigates complaint

   • After receiving a formal, written complaint, EOCR provides a notice of investigation to the respondent and other UWM officials.
   • During a formal investigation, EOCR interviews the parties to the complaint as well as other witnesses. EOCR also collects and reviews documentary evidence (emails, text messages, social media posts, etc.) and any other information that is relevant to the complaint.
   • After a formal complaint has been filed, the parties can agree to resolve the complaint in an alternate fashion — for example, by participating in a restorative justice practice like a facilitated discussion or “circle.” If the parties choose to resolve a complaint through this kind of negotiated resolution, the EOCR complaint is dismissed.

4. Step 4: EOCR issues final investigatory report

   • At the conclusion of its investigation, EOCR provides a written investigatory report to the parties and the provost, who oversees academics, research and student success.
   • In its final report, EOCR summarizes the evidence that was collected in the investigation. EOCR determines whether it is more likely than not that the conduct alleged in the complaint occurred, and analyzes whether the conduct violates the Discriminatory Conduct Policy.

5. Step 5: Provost issues final decision

   • ­After EOCR issues its final report, the parties have the opportunity to provide an additional submission to the provost.
   • After any additional submissions have been provided, the provost reviews the EOCR report and issues a final decision on whether the Discriminatory Conduct Policy was violated. In the decision, the provost can also address conduct that violates any other University policy (such as the Faculty/Staff Code of Conduct).
     • For cases involving student respondents, violations of the Discriminatory Conduct Policy are referred to the Dean of Students Office for proceedings under UWS Ch. 17.