Complaint Procedures in Cases of Alleged Unlawful Discrimination or Harassment
Boston University prohibits discrimination on the basis of race, color, creed, religion, ethnic origin, age, sex, disability, sexual orientation, or other unlawful basis. The goal of the procedures outlined below is to ensure that non-discrimination is a reality at Boston University and that no person in the University community is subjected to such unlawful conduct. All members of the University community can assist in the furtherance of this goal by ensuring that complaints of discrimination are promptly directed to the departments or individuals who have been designated to receive them, in accordance with these procedures.
Any employee, student, or applicant for employment or admission who believes that he or she has been subjected to any form of unlawful discrimination may make a complaint. Unlawful discrimination includes sexual harassment as well as harassment based on an individual’s membership in any other legally protected category. Boston University will conduct a fair and impartial investigation of all such complaints with due regard for the rights of all parties. Retaliation against any individual who has made a complaint of discrimination, or who has cooperated in the investigation of such a complaint, is unlawful and in violation of Boston University policy. The purpose of these procedures is to ensure that all complaints of discrimination are thoroughly and fairly investigated by authorized University officials who have the necessary expertise.
Any complaint of discrimination should be referred to one of the schools, departments, or individuals who are responsible for receiving or investigating such complaints. Any employee who receives a complaint but who is not specifically designated to formally handle such a complaint is responsible for directing the complainant or otherwise referring the complaint to the appropriate individual. All complaints, either verbal or written, must be referred to the appropriate office as set forth below.
Initiating a Complaint
The process outlined in this section applies to all complaints of discrimination, except those brought by students on the basis of disability. Students who wish to file a complaint alleging discrimination based on disability should file with Disability Services, in accordance with the procedures set forth in the last section of this document.
An employee, student, or applicant for employment or admission who believes that unlawful discrimination has occurred may initiate a complaint either by meeting with the appropriate individual in one of the offices listed below or by submitting a written complaint to that individual or office. The information provided in the complaint should be as specific as possible regarding the circumstances that precipitated the complaint. The complaint should include the dates and places of the incidents at issue, the individuals involved, the names of any witnesses, any efforts to resolve the matter informally and their results, and any other pertinent information.
Offices in Which a Complaint of Discrimination may be Initiated
There are a variety of offices available to receive complaints from students, faculty, and staff who believe they have been subjected to unlawful discrimination.
Complaints by Students
Students may initiate a complaint by speaking to the designated individual in the Dean’s office of the student’s school or college, by speaking to a representative in the Dean of Students’ office, or by contacting the Equal Opportunity office.
Complaints by Members of the Faculty or Staff
Faculty or staff may initiate a complaint by contacting the Equal Opportunity office or by contacting Human Resources. Employees in academic units may also initiate a complaint with the designated individual in the Dean’s office. Employees covered by a collective bargaining agreement may have additional options under that agreement for addressing complaints.
Complaints from Applicants for Employment or Admission, Visitors, or Other Non-Affiliated Individuals
Complaints may be initiated in the Equal Opportunity office.
Complaints from Students, Faculty, or Staff at Off-Site Locations
Any individual at an off-site location, such as Chelmsford, Washington, D.C., overseas programs, etc., may bring a complaint to any of the above offices as appropriate or to the on-site Director of the program.
The address and phone number for each of these offices is listed at the end of this document. Names of the designated individuals in the Dean’s offices of the schools and colleges may be obtained from the Dean’s office or the Equal Opportunity office.
Investigation and Resolution of Complaints
The individuals and offices available to receive complaints, noted above, were selected to give all members of the University community the opportunity to initiate a complaint in a place in which they will feel comfortable doing so. These individuals and offices have the responsibility, after speaking with the complainant and/or reviewing a written complaint, to ensure that the complaint is directed to the proper office or individual for investigation.
Depending upon whether the individual accused of engaging in discrimination is a student, a member of the faculty, or a member of the staff, the investigation will be conducted by the designated office or individual with the appropriate expertise and jurisdiction to do so. The offices and individuals responsible for investigating complaints of discrimination are set forth below. In any particular case, the Provost or the Executive Vice President may designate which office or individual will investigate a complaint. The University will ensure that no person who is the subject of a complaint will be assigned to investigate that complaint. The Equal Opportunity office, if it is not conducting the investigation, and/or the General Counsel will provide advice or assistance to the investigation process.
The investigation may involve meeting with the parties, interviewing witnesses, requesting written statements from the parties, informing the person whose actions are the subject of the complaint of the allegations and/or providing to that person a copy of the complainant’s statement, and/or making any other appropriate inquiries. Before any adverse determination is made, the individual whose actions are the subject of the complaint will be informed as to the nature of the complaint, and will have the opportunity to respond.
The investigation should be completed promptly so that a decision can be rendered within 60 days of receipt of the complaint. If this is not possible, the complainant will be informed of the status of the investigation within 60 days.
A confidential record of all complaints, including their disposition, will be maintained by the investigating unit. The Equal Opportunity office will be informed of, and maintain a confidential record of, the nature of all complaints of discrimination investigated by other units, the names of complaining parties and respondents, and the final disposition of all complaints.
Complaints Against Students
The person who receives a complaint against a student will generally refer the matter for investigation to the Dean of Students’ office, though if a school or college has an established internal process for investigation of complaints it receives against its students, the Dean of that school or college will decide if the complaint will be investigated in accordance with that process or by the Dean of Students’ office. The investigating office will take any action that might be appropriate based on the results of the investigation, consistent with the applicable provisions in the Code of Student Responsibilities or the disciplinary procedures of the school or college.
Complaints Against Faculty Members
The person who receives a complaint against a member of the faculty will refer the matter to the Director of Equal Opportunity, who will inform the Dean of the faculty member’s school or college. If the school or college has an established internal process for investigation of complaints against faculty, the Dean of that school or college will decide if the complaint will be investigated in accordance with that process or by the Director of Equal Opportunity in consultation with the Dean or the Dean’s designee. If the complaint also involves academic matters such as grades, curriculum, etc., the investigator will ensure that those matters are addressed by the appropriate officials within the school or college. The Dean of the school or college will be informed of the findings of the investigation and will determine whether further action is appropriate. Any action involving faculty will be consistent with the procedures outlined in the Faculty Handbook.
Complaints Against Staff Members
The person who receives a complaint against a member of the staff will refer the matter for investigation to the Director of Equal Opportunity, who will inform the appropriate Dean or administrative head and Human Resources. The complaint will generally be investigated by the Director of Equal Opportunity. The Director of Equal Opportunity (or other designated investigator) will provide findings, in writing, to the Dean or administrative head, who will determine what action, if any, is appropriate. Action involving staff will be consistent with any applicable collective bargaining agreement and University policies.
Every reasonable effort will be made to protect the privacy and confidentiality of all parties during the investigation, consistent with and subject to the University’s need to investigate the complaint and/or implement decisions made in order to resolve the complaint. It must be understood that in order to permit the University to carry out its obligation to investigate all complaints fairly, and to ensure that non-discrimination is a reality within the University community, no representative of the University is authorized to promise complete confidentiality to any person who possesses information relevant to the investigation of a complaint, including the complainant.
Any individual who requests confidentiality before disclosing a complaint must be informed that because any apparent violation of Boston University Policy must be addressed, complete confidentiality may not be possible. An individual who insists on confidentiality as a condition of disclosing a complaint may be advised of the opportunity to consult with one of the University’s medical or mental health professionals, with whom such matters may be discussed in confidence. However, consulting with these professionals does not constitute the initiation of a complaint. Medical and mental health professionals are not representatives of the University for this purpose and are not authorized to investigate or respond to complaints of discrimination.
In the event that the complainant believes that the resolution of the complaint has not rectified the situation, an appeal may be made. The appeal should be filed with the Director of Equal Opportunity. In the case of complaints against students and staff members, the Director of Equal Opportunity will direct the appeal to the appropriate officer of the University for review and disposition. In the case of complaints against faculty, the Director of Equal Opportunity will consult with either the Dean of the school or college in which the faculty member is appointed (if the Dean did not make the decision being appealed) or the Provost to determine the appropriate officer of the University to whom the appeal should be directed.
An individual whose action(s) are the subject of a complaint may appeal adverse action taken as a result of the complaint. Students disciplined under the Code of Student Responsibilities should follow the appeal procedures outlined in that document. Faculty members should follow the procedures in the Faculty Handbook. Other employees should follow the grievance procedures outlined in the Employee Handbook, or their collective bargaining agreement, whichever is appropriate.
These procedures shall constitute the grievance procedure mandated by the regulations implementing Title IX of the Education Amendments of 1972, and, for employees, the grievance procedure mandated by the regulations implementing Section 504 of the Rehabilitation Act of 1973. The procedure for student grievances under Section 504 is set forth in the Student Grievance Procedure In Cases of Alleged Disability Discrimination. The University’s Director of Equal Opportunity, 25 Buick Street, 2nd Floor, tel. 617-353-9286, is the designated coordinator for complaints arising under Title IX of the Education Amendments of 1972 and Title VI of the Civil Rights Act. The Director of Disability Services, tel. 617-353-3658, is the designated compliance officer for complaints arising under Section 504 of the Rehabilitation Act of 1973.
Questions about the University’s Complaint Procedures in Cases of Alleged Unlawful Discrimination or Harassment may be addressed to the Equal Opportunity office.
Exceptions to these procedures may be granted by the President, Provost, Medical Campus Provost, or the Senior Vice President, General Counsel.
Offices where complaints may be initiated
25 Buick St., Boston, MA 02215
Dean’s office in the individual’s
school or college
Dean of Students
775 Commonwealth Ave.
Boston, MA 02215
Human Resources, Charles River Campus
Employee Relations Representatives
25 Buick St., Boston, MA 02215
Human Resources, Medical Campus
Director of Human Resources
Location: 801 Massachusetts Ave.
Mailing Address: 715 Albany St., 560
Boston, MA 02118