The University of Dayton School of Law does not discriminate on the basis of race, color, religion, sex, national origin, age, marital status, handicap, sexual preference or orientation, or status as disabled veteran or veteran of the Vietnam era.
The facilities and services of the School of Law are available only to those employers whose practices are consistent with this policy. Use of the facilities or services of the School of Law is construed as an affirmation by the employer that it does not discriminate at any stage of the employment process.
The University of Dayton School of Law complaint procedures have been established to provide a mechanism for students who believe they have been the subject of discrimination by a prospective employer recruiting students to fill part-time, temporary or full-time positions. Students are encouraged to discuss with the director of career services any concerns related to employer compliance with this policy. A student who believes that an employer has violated the School of Law’s Nondiscrimination Policy is encouraged to notify the director of career services promptly and may file an informal or formal complaint with the Office of Career Services.
A student who believes that an employer has violated the University of Dayton’s Nondiscrimination Policy may make an informal complaint by meeting with the Director of Career Services. The Director may inquire about the experiences of other students interviewed by the same employer and review the Career Services Office’s files for prior complaints against the employer. The Director may contact the employer to inform the employer of the complaint, to clarify the School of Law’s policy and the employer’s policies and practices, and otherwise attempt to resolve the matter informally. In his or her sole discretion, the Director may request the assistance of others to the degree necessary to complete a thorough investigation of an alleged violation. The student’s identity shall not be disclosed without his or her consent.
Requirements for Filing Complaints
INVESTIGATION: Investigation of formal complaints is the responsibility of the Director of Career Services. Upon receipt of a formal complaint, the Director shall investigate the allegations. Normally, such investigation, or “prima facie inquiry”, should include an interview with the student as well as interviews with other students who interviewed with, or worked for, the employer charged in the complaint.
REVIEW COMMITTEE: If, following the investigation, the Director determines that the complaint is not insubstantial, the Director shall present his/her finding to the Dean of the Law School. At the discretion of the Dean, a Review Committee may be appointed. The Dean, based on the nature of the complaint, shall form a diverse Committee consisting of faculty, staff and/or other legal professionals. If the Committee determines that the complaint is not insubstantial, it shall direct the Director to advise the employer, in writing, of the details of the complaint and to invite the employer to respond in writing within 30 days from the date of notification.
EMPLOYER RESPONSE: If the employer admits the claims made in the complaint concerning its conduct, that admission may be taken as the basis for further proceedings to resolve the matter. If the employer contests the claims, the Committee shall undertake whatever further investigation it deems appropriate to determine what occurred, including, but not limited to, further written submissions, interviews, or hearings. The Committee shall issue a confidential written report including the findings and a conclusion based on the investigation to the Dean and the Director of Career Services.
FINDINGS AND SANCTIONS: If the Committee finds that a violation of the Law School’s policy has occurred, it may recommend appropriate sanctions including:
- Placing the employer on probationary status;
- Request an apology to affected students;
- Barring the employer from using Law School career services and facilities for a period of time
to be determined by the Committee;
- Any reasonable sanction the Committee deems appropriate.
In making its recommendations, the Committee shall consider, among other factors, the seriousness of the violation, whether the conduct was an isolated incident or a pattern of misbehavior, and the extent of remedial measures taken by the employer.
NOTICE OF FINDINGS AND SANCTIONS: The Committee shall notify the Dean and Director of Career Services, in writing, of its decision and of any recommendation on the issue of sanctions. Whenever practicable, the notice should contain a brief account of the reasons for the Committee’s decision. The Dean may release the findings of this report, as he/she deems appropriate.
Review by the Dean
The Committee’s decision and recommended sanction may be reviewed by the Dean at the request of the complainant, the employer, or on the Dean’s own motion. In the event of a Review, the Dean will make the final determination of whether there has been a violation and what sanctions, if any, are warranted. If appropriate, the Dean may also act as a mediator and conciliator to seek further resolution of the matter.
Record of Findings
Complaints and the Record of Findings will be kept on file for not less than 7 years in the Career Services Office and monitored by the Director. If a pattern of complaints against an employer emerges over a period of time, the Dean may take further action, including, but not limited to, the filing of a formal complaint based on the pattern of complaints identified by the Director. The Director shall follow the procedures described above for the Director-initiated complaint. Records will be kept confidential except for at the sole discretion of the Dean.
Nothing contained herein shall be considered as limiting a complainant’s right to pursue any other remedy provided by federal or local law, or as requiring the University of Dayton to pursue any process other than those described herein.