| |
Members | Committee Charter
Committee on Human
Rights Charter
(Amended 9/93; 5/99; 9/99)
a. Charter.
- Membership.
Confirmed by the President of the University:
(a) Three members appointed by the governing body of the faculty,
currently the Faculty Senate;
(b) Three members appointed by the governing body of the students,
currently for the purposes of this committee, the UISG;
(c) Three members appointed by the governing body of the staff, currently
the Staff Council.
- Charge to the Committee.
(a) The Committee shall be governed by the terms of the General Charter.
(b) In the performance of its duties, the Committee shall be guided
by I-2.8(12)b which declares general University policy in this area.
(c) In addition, the Committee shall:
(i) Advise on the formulation and review of University policies and
procedures regarding federal and state laws and Regential orders
against discrimination
among persons within or doing business with the University;
(ii) Advise on establishing and coordinating educational programs
in the area of equal human rights;
(iii) Where no other grievance procedure exists, receive complaints
of alleged violations of human rights by individuals or agencies
within or related to the University, and after appropriate investigation
either
serve as mediator in such disputes or recommend appropriate action
within
the University, guided by the statement of functions and procedures
in I-2.8(12)c and d.
(iv) Advise appropriate University officials as to desirable changes
in University policies and procedures affecting human rights.
- Guideline. The work of this Committee does not supplant the affirmative
action efforts of other committees and offices within the University.
b. Human
Rights Policy.
The University of
Iowa brings together in common pursuit of its educational goals persons
of many nations,
races, and
creeds. The University is guided by the precepts that in no aspect
of its programs shall there be differences in the treatment of
persons because
of race, creed, color, national origin, age, sex, disability, sexual
orientation, gender identity, or any other classification that
deprives the person of consideration as an individual, and that equal
opportunity
and access to facilities shall be available to all. Among the classifications
that deprive the person of consideration as an individual are those
based on associational preference. These principles are expected
to be observed
in the internal policies and practices of the University: specifically
in the admission, housing, and education of students; in policies
governing programs of extracurricular life and activities;
and in the employment
of faculty and staff personnel. The University shall work cooperatively
with the community in furthering these principles.
c. Functions.
- To hear complaints
of discrimination in violation of the University policy on Human
Rights and to investigate such complaints with
full rights of being heard extended to all parties concerned.
- By fact finding and education to work toward eliminating discrimination
against members of the University community. The Committee
may use the services of the Vice President for Student Services and
Dean
of Students
and the Dean's staff in this endeavor.
- To encourage extracurricular education in this field.
- To work on request
with interested groups on the campus and similar groups in the city
and state.
- To provide appropriate
recognition for outstanding achievements in promoting human relations
and the protection of
human rights.
- In its deliberations the Committee must protect the right of
organized social groups within the University to
select their own members upon
the basis of their individual merits as persons.
The Committee on Human Rights shall also diligently protect the rights
of householders
to
select individual tenants as such provided that there
shall be no
discrimination because of race, color, creed, or
national origin.
d. Fair Housing Practices.
It is and shall be
the firm policy of the University that householders shall rent to all
students on
the basis
of their individual merits as persons without exclusion or
discrimination on the basis of race, creed, color, national origin,
age, sex,
disability, sexual orientation, and gender identity. University
facilities shall
not be used to give notice of available housing when contents
of the notice, or practices or policies of the householder
are at
variance with this policy.
e. Complaints of
Discrimination.
To ensure the adequate
protection of the rights of all parties, the following procedures shall
be followed for the filing, investigating, and hearing of
complaints
involving
discrimination.
The Committee on Human Rights will receive and investigate
complaints involving violations of the Fair Housing Policy.
The Committee
will, upon a finding of a violation, undertake conciliatory
and educational
activities toward its elimination.
- Any student or
staff member of the University shall have standing to complain that
a bona fide application for rental
of an apartment
or room in Iowa City, Iowa, or environs has been denied
principally because
of race, color, creed, national origin, age, sex, disability,
sexual orientation, and gender identity. In order to
be considered, a
complaint must be made within sixty days after the
alleged discriminatory refusal
to rent.
- Such complaints
shall be addressed to the Chairperson, Committee on Human Rights,
The University of Iowa.
All complaints shall
be in writing and signed by the complainant. A complaint
shall contain
a
statement
of the facts upon which the complaint is based, name
and address of the householder involved and the names and addresses
of
the witnesses, if
any, who are able to verify the facts stated in the
complaint.
Upon request of a complainant, the Chairperson shall
designate, from a
list
on file
with the Committee, a person to assist the complainant
in drafting the complaint.
- Within two days
after receiving the complaint, the Chairperson shall refer and deliver
the complaint
to one
of a panel of
referees selected
by the Committee. The referee to whom the complaint
has been referred, within one day after receiving
the complaint,
shall
mail to the
householder, by certified mail, a copy of the complaint,
a copy of these rules,
and notice of a time and place for conference with
the complainant and the
referee. At the same time, the referee shall send
to the complainant, by certified mail, a copy of
these rules and
notice of the
time and place for conference. The time for the
conference
shall not
be less
than five
nor more than seven days after mailing of notices
to the complainant and the householder.
- At the
referee's conference, the parties, together with such professional
or nonprofessional counselors
as they may
desire,
shall present such
relevant evidence and argument as they may desire
and may offer the evidence of third parties.
Only the referee,
the complainant,
the
householder, their counselors, and their witnesses
shall be present at the conference.
The conference shall be informal, the referee
making such rulings as are necessary for reasonable orderliness
and
relevance of
presentation. The referee shall be fully empowered
to question the parties and
their
witnesses and otherwise to seek the facts.
- Within
three days after conclusion of the conference, the referee shall:
(a) Make a written determination, based solely
on the evidence submitted at the conference,
of whether
or not the complainant
has standing
to complain and, if so, whether or not the
householder has refused to
rent to the complainant principally because
of the complainant's race, color,
creed, or national origin, with reasons for
such determination; and
(b) Mail, by certified mail, to the householder
and the complainant, a copy of the determination.
- If the referee
determines that the complainant has standing to complain and that
such discriminatory
refusal
to rent
has occurred, the householder
shall have two days after receipt of a copy
of the determination in which to mail to
the Chairperson,
by certified mail,
a request for
a hearing
before the Committee in order to contest
the determination. If the
referee determines either that the complainant
does
not have standing to complain
or that such discriminatory refusal to rent
has not occurred, the complainant shall have
two
days after
receipt of a
copy of the
determination in
which to mail to the Chairperson, by certified
mail, a request for a hearing
before the Committee in order to contest
the determination.
- If the householder
does not request a hearing within such time, the Committee,
within five
days after a copy
of the referee's
determination
of discriminatory refusal to rent has been
mailed to the householder, shall decide
what action
should be taken against
the householder,
make a recommendation in accordance with
its decision and mail to the householder,
by certified mail, a copy of such recommendation.
- If the householder
or complainant requests a hearing within the time permitted, the
Chairperson shall set a
time for hearing
the
complaint. The time set for hearing shall
be within ten days after the request
for
a hearing has been received. Notice of
the time and
place of the meeting shall be sent by
certified mail to both
the complainant
and the householder
at least seven days before the date of
the hearing. Notices to both parties
shall contain
a statement
that they may
be represented
by
counsel.
- The hearing shall
be held by the Committee on Human Rights at the time
and place stated
in the
notices.
- At the hearing,
formal rules of evidence need not be followed and the
Committee
shall make such
rulings as
to
order of proceedings
as shall
seem best under the circumstances.
- The complainant
and the householder, both personally and by counsel, and
the members of the Committee
shall have the
right to call, confront,
examine, and cross-examine all
witnesses. All
testimony will be
under oath or affirmation to tell
the truth.
- The complainant
and the householder shall have the obligation of having
present at the
hearing any
witnesses
upon whom
they wish to rely.
- The referee
shall not testify at the hearing except as to prior
statements of
the parties
or their witnesses
which
are
inconsistent with the statements
at the
hearing. Nor shall the referee
participate in the
deliberations of the Committee.
The referee's determination
and reasons
shall not be considered by
the Committee. The Committee makes
its own determination
based
solely on the
evidence presented
at the
hearing.
- Only the referee,
the complainant, the householder,
their counselors,
and their
witnesses shall be
present at the hearing.
- Within
five days after all evidence has been heard,
the
Committee shall
make a determination
as to whether
the complainant
has standing
to complain and, if so,
whether the householder has refused
to rent an
apartment or room
to the complainant
principally
because
of the
complainant's
race, color, creed or national
origin, and shall mail
by certified mail,
to the householder
and
to the complainant,
a copy of
its determination with
reasons therefor. Should the determination
be adverse
to the householder, it
shall also state the action
which will be recommended
by the Committee.
- Any action
to be taken by the Committee may be
taken by
a three-member
panel
of the Committee.
- It
is important that complaints receive
orderly
and prompt
consideration. Extensions
of time beyond
the times
stated herein
may be granted
by the Chairperson
only upon a showing of good
cause.
|
|