University of California, San Francisco
Office of Affirmative Action, Equal Opportunity and Diversity

Conflict Resolution & Complaint Processing

Affirmative Action and Equal Opportunity are mandated by state and federal guidelines, as well as University policy. It is the charge of the Office of Affirmative Action, Equal Opportunity and Diversity to respond to, investigate, and mediate complaints alleging discrimination concerning employment, educational programs, services, and business practices.

The Office of AA/EO/D fulfills this responsibility by processing internal complaints of discrimination and facilitating campus response to external complaints.

Any employee, applicant for employment, union organization, student, applicant for admission, patient, campus visitor, contractor, vendor, or bidder can utilize our services in addressing any problems related to discrimination. A confidential setting is provided to explore questions or concerns.

A formal complaint is often not necessary. Many issues are resolved informally through consultation. Our analysts are trained in mediation and other problem solving techniques. Managers should take advantage of this program to resolve issues at the earliest stage. Call us for help at (415) 476 - 4752.

Internal Complaint Process and Procedures

Process When Complaint is Filed Externally Only (no internal complaint filed)

Process When Both Internal and External Complaints are Filed

Internal Complaint Procedures

Any person who believes she or he has been subjected to discrimination or retaliation, including harassment, on the basis of race, color, national origin, religion, sex, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994), may elect to use the Informal Conflict Resolution Procedure described in #1 below or file a complaint by filling out a Confidential Discrimination Complaint Filing Form available from the Office of Affirmative Action, Equal Opportunity and Diversity (AA/EO/D).

Please Note:

  • Pregnancy includes pregnancy, childbirth, and medical conditions related to pregnancy or childbirth.
  • Service in the uniformed services includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

1.      The informal conflict resolution procedure is available for employees and managers who need assistance in resolving an issue which could lead to the filing of a Confidential Discrimination Complaint. This process is appropriate for cases where early resolution is possible, or where a full investigation may not be necessary. The employee or manager brings the issue/concern to the Affirmative Action analyst. They mutually decide on a resolution approach to the issue. The approach may consist of the analyst facilitating a meeting between the parties, facilitating a conflict resolution session, gathering of information, etc. The end result may be a written agreement, or other acceptable resolution, or no resolution. However, this process will not involve an investigation.

2.      Formal written complaints must be submitted to the Office of Affirmative Action, Equal Opportunity and Diversity, UCSF (3333 California St., Room 101, San Francisco, California 94143-0988) within 365 days from the date the person filing the complaint became aware of the alleged discriminatory action. You may submit your complaint on a Confidential Discrimination Complaint Form, which you can obtain by visiting the AA/EO/D Office, by emailing Jaytea.Thanh@ucsf.edu or by calling (415) 476-4752.

3.      A formal complaint must be submitted in writing, preferably using the Confidential Discrimination Complaint Filing Form. The complaint must include the name and address of the person filing the complaint. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought by the complainant.

4.      The filing of a complaint does not represent any determination that the law or UCSF policy has been violated.

5.      When the Office of AA/EO/D receives an internal complaint, whether written or not, the AA/EO/D Analyst will notify the appropriate administrator (administrator includes, but is not limited to, such offices as Human Resources, Risk Management, Patient Relations, Student Services, Academic Personnel). When documents or interviews of management employees are needed, the administrative contact will be asked to facilitate obtaining the information.

6.      The Office of AA/EO/D will attempt resolution of the complaint prior to initiating the formal investigation and will continue to facilitate resolution of the issues whenever possible during all phases of the investigation.

7.      If an investigation is warranted, the Office of AA/EO/D will conduct an impartial investigation of the complaint to determine its merits. The investigation may consist of interviewing witnesses and examining documentation and records. An impartial analysis of the facts will be conducted applying legally accepted standards of proof. The Office of AA/EO/D will maintain the files and records relating to such complaints. Confidentiality will be maintained to the extent possible.

8.      If a violation is found, the department charged with the alleged discrimination will be so informed and given the opportunity to present any additional evidence prior to the issuance of the final report. Attempts will be made to resolve the matter with the department management, and appropriate administrative offices, such as the Chancellor’s office, Labor and Employee Relations, Disability Management, or other appropriate offices. A written record of the resolution agreement will be maintained. If no resolution results, the Office of AA/EO/D will issue a written report of findings on the merits to the complainant, department management, and other appropriate administrative offices.

9.      If no violation is found, the complainant will be so informed and given the opportunity to present any additional evidence prior to the issuance of the final report which will be sent to the complainant, department management, and any appropriate administrative offices.

10.  Either party may request a review of the findings of the Office of AA/EO/D by filing an appeal in writing to the Chancellor’s Office within 30 days of receiving the report of findings.

11.  The Chancellor or his designee shall issue a written decision in response to the appeal not later than 30 days after its filing.

12.  Extensions to time limits may be granted by the Chancellor or his designee upon written request.

13.  UCSF will make appropriate arrangements to assure that disabled persons can participate in or make use of this complaint procedure. Such arrangements may include, but are not limited to, provision of interpreters for the deaf, taped cassettes of materials for the blind, or barrier free locations for the mobility impaired. The Director of Affirmative Action, Equal Opportunity, and Diversity is responsible for providing such arrangements.

Process When Complaint Is Filed Externally Only (no internal complaint filed)

External agencies may include:

  • California Department of Fair Employment and Housing (DFEH)
  • U.S. Equal Opportunity Commission (EEOC)
  • U.S. Department of Education – Office for Civil Rights (ED OCR)
  • U.S. Department of Labor – Office of Federal Contract Compliance Programs (OFCCP)
  • U.S. Department of Health & Human Services – Office for Civil Rights (OCR)

The UCSF Office of AA/EO/D is the office or record for responding to externally filed complaints. Complaints that are inadvertently delivered to other UCSF offices should be immediately sent to the Office of AA/EO/D for timely processing.

  1. The Office of AA/EO/D will notify the appropriate administrative office of the complaint.
  2. The administrative unit contact will be asked to gather the necessary documentation and prepare the response for submission by the Office of AA/EO/D.
  3. The Office of AA/EO/D will coordinate and facilitate preparing a response to the external agency, which includes reviewing, editing, and overall approval of the response prior to submission.

Process When Complaints Have Been Filed Both Internally and Externally

When both an internal and an external complaint are filed, the Office of AA/EO/D will alter its processing of the internal complaint in order to facilitate the external review process. This alteration is made with the intention of reducing any duplication of effort that could occur between our office and the external agency.

1.      The case filed with the AA/EO/D office will remain open until the Agency’s (EEOC, DFEH, OFCCP, OCR, ED OCR) final disposition is reached.

2.      The AA/EO/D office will serve as the liaison with the external agency in support of the fact-finding effort.

3.      The AA/EO/D office will continue to attempt resolution of the outstanding issues in the case. This may include negotiations subsequent to the external agency’s findings.

4.      It is not likely that the AA/EO/D office will issue a final report and recommendation (given the fact that the investigation will be deferred to the external agency).

5.      The AA/EO/D office will provide technical assistance and professional advice to the school or department charged with having discriminated against the complainant.

6.      The availability and use of this complaint procedure does not preclude a person from filing a complaint of discrimination with any of the governmental agencies with jurisdiction over discrimination matters, nor does filing with an external agency preclude a person from filing with the Office of AA/EO/D.

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