Non-Discrimination Policy

Purpose & Scope:

U of U Health is committed to providing and fostering an environment for its patients and visitors that is safe and free from prohibited discrimination and harassment. University policy prohibits discrimination and prohibits retaliation against individuals for engaging in protected activities, such as filing a discrimination complaint or participating in a discrimination investigation process.

Procedure:

University [Interim] Policy 1-012, University Non-discrimination Policy, applies to all members of the University community, including faculty, staff, students, patients, visitors, and participants in University programs or activities.

In the interest of providing consistent processes and procedures for the prompt and equitable resolution of complaints alleging any action prohibited by Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Section 1557 of the Patient Protection and Affordable Care Act, the regulations of the US Department of Health and Human Services issued pursuant to these statutes at Title 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, and 28 CFR Part 35, and other federal regulations implementing these laws, complaints of discrimination brought by patients of U of U Health will be resolved pursuant to the following procedure*:

I

Filing A Formal Complaint & Initial Review. A Formal Complaint may be filed with the OEO/AA by any individual who believes they have been subjected to discrimination in violation of University Policy or the laws described above. A Formal Complaint is timely if it is filed within 180 calendar days of the last alleged discriminatory act. A Formal Complaint that is not timely or that fails to state a claim of discrimination may be dismissed by the Director of the OEO/AA after an initial review or at any time prior to a Final Resolution.

• If a Complaint is dismissed, the Complainant may request administrative review of the dismissal by submitting a written request to the OEO/AA within five (5) calendar days of receipt of the notice of dismissal. The Director of U of U Health Customer Service, or designee, will review the dismissal and issue a final decision.

II

OEO/AA Investigation. If a Formal Complaint is not dismissed, the OEO/AA will begin an investigation.

• The OEO/AA shall interview the Complainant and the Respondent, and may interview any other person with relevant information. The OEO/AA may also review any relevant evidence, including documentary material.
• The Complainant and the Respondent may each be accompanied at any meetings or interviews with the OEO/AA or the University by an advisor of their choice, who may be an attorney. During the investigation, the advisor may only advise the Complainant or Respondent and may not actively participate. The Respondent shall be afforded a full opportunity to respond to the allegations contained in the Complaint. Any failure to respond or participate in an interview by the Respondent or a witness will not prevent the completion of the investigation. OEO/AA Consultants receive ongoing and regular training on investigating complaints of discrimination and the University’s process for resolving such complaints.
• The OEO/AA will endeavor to complete the investigation within 60 calendar days of the filing of the Complaint, with a final resolution within 150 days including the hearing and appeal on the issue. If an extension is necessary due to the complexity of the investigation, the severity or extent of the alleged conduct, school breaks, or other good cause, the Complainant and Respondent will be notified in writing of the status of the investigation.
• At the conclusion of the investigation, the OEO/AA shall provide the Complainant and the Respondent with the OEO Draft Report.  (“OEO Draft”). Both parties shall have ten (10) calendar days after receipt of the OEO Draft to submit written comments and any additional documents to the OEO/AA. If information from either party raises new issues or allegations, the OEO/AA may reinvestigate.
• At the conclusion of the OEO/AA’s further investigation, if any, or at the conclusion of the 10-day period described in the paragraph above, the OEO/AA shall issue a final investigative report (“OEO Report”).  The OEO/AA shall provide a copy of the OEO Report to the Complainant and the Respondent, and the appropriate administrator.
• In cases involving Sexual Misconduct, the OEO/AA will provide a copy of the OEO Report to the Grievance Committee described in the UUHC Patient/Family Grievance & Complaint Guideline.
  • In reaching its determination, The Grievance Committee shall follow the procedure set forth in [Interim] Rule 1-012B(III)(K)
  • Final Decision. The Grievance Committee, or designee, will issue a written decision on the case within thirty (30) calendar days after receipt of the notice of appeal. The decision of the Grievance Committee (or designee) is final.
  • To protect the confidentiality of witnesses and all parties involved, and pursuant to FERPA and other state and federal privacy laws, names and other personally identifiable information may be redacted from the copies of the OEO Report that are provided to the Complainant and Respondent.
• In cases not involving sexual misconduct, following the issuance of the OEO Report, the Complainant and/or the Respondent may request an administrative appeal of the OEO Report to the Grievance Committee described in the UUHC Patient/Family Grievance & Complaint Guideline by submitting a written request to the OEO/AA within five (5) calendar days of receipt of the OEO Report.
  • Final Decision. The Grievance Committee, or designee, will issue a written decision on the appeal within thirty (30) calendar days after receipt of the notice of appeal. The decision of the Grievance Committee (or designee) is final.
  • To protect the confidentiality of witnesses and all parties involved, and pursuant to FERPA and other state and federal privacy laws, names and other personally identifiable information may be redacted from the copies of the OEO Report that are provided to the Complainant and Respondent.

* Although University [Interim] Rule 1-012, Discrimination Complaint Rule, excludes allegations of discrimination raised by patients of University of Utah health care providers/facilities from its scope, U of U Health has designated portions of Rule 1-012 and its supplemental Rules and Procedure, including definitions, as applicable to patient complaints of discrimination.