3810 - Retaliation

Owner:

• Position: Interim Director of the Office of Civil Rights and Investigations
• Email: ocri@uidaho.edu

Last updated: July 1, 2021

A. It is a violation of University policy for any employee to engage in retaliatory conduct, which includes conduct that intimidates, threatens, coerces, or retaliates against any individual because that individual reports a perceived wrongdoing, inequity, or violation of law or UI policy, files a complaint alleging illegal or prohibited discrimination, participates in a grievance or appeals procedure, or participates in a dispute resolution through Human Resources or the Office of the Ombuds.

B. A current or former employee who believes he or she has been subjected to retaliatory conduct described in section A above or who believes he or she has been subjected to, or threatened with, adverse action because of protected action as set forth in FSH 3290 B may file a written retaliation complaint with the Office of Civil Rights and Investigations. The complaint must be filed within thirty (30) working days after a reasonable employee would realize that he or she was being subjected to retaliatory conduct, adverse action, or threat of adverse action. The Director of the Office of Civil Rights and Investigations or designee shall review the complaint to determine:

B-1. Whether the complainant engaged in protected action as described in section A above or FSH 3290 B; 

B-2. Whether the complainant subsequently suffered from retaliatory conduct described in section A above, or adverse action, or threat of adverse action, as defined in FSH 3290 A-1; and

B-3. Whether there was a causal relationship between the retaliatory conduct, adverse action, or threat of adverse action and the protected action. 

Within thirty (30) days after receipt of the complaint, the Director of the Office of Civil Rights and Investigations shall notify the complainant in writing of the results of the review, along with any appropriate recommendations regarding remedies. In the case of a finding of adverse action, there also shall be a recommendation regarding whether the adverse action is affirmed, reversed, or modified. A copy of the recommendation will be sent to the respondent(s) and appropriate unit administrators.

C. A complainant who is dissatisfied with the result of the retaliation complaint may proceed under FSH 3840, 3860, or 3890, as applicable, within the time frame and other limitations set forth in such policy.

D. The university may discipline an employee who engages in retaliatory conduct as described in section A above up to and including termination.

Version History

Amended July 2021. Editorial changes.

Amended July 2009. Editorial changes to B.

Amended July 2007. Revised to add a process for addressing retaliation complaints and section B, C, and D were added.

Amended July 2006. Editorial changes to A.

Adopted March 1996.