I've posted about
the ongoing drama we've had in Houston with Covenant House Texas over their less than stellar treatment of TBLG youth.
There have been recent meetings facilitated by Houston city councilmember Jolanda Jones between the TG Center and Covenant House Texas to resolve the issue.
I can finally publish the news that progress is being made and Covenant House Texas has compiled a nondiscrimination and nonharassment policy.
How much progress remains to be seen, but it's a major step forward.
Covenant House Texas
Policy on Harassment and Nondiscrimination Statement on Nondiscrimination
Covenant
House Texas values the complexity and diversity of the world in which
we live and seeks to be a community that recognizes the dignity and
inherent worth of every person. Covenant House Texas is committed to the
principles of fairness and respect for all and believes that a policy
embodying these principles fosters a community that favors the free and
open exchange of ideas and provides its residents and staff with the
best environment for study, work and fellowship. Accordingly, no
employee, volunteer or individual sheltered at Covenant House Texas
shall willfully harass, discriminate against, or interfere with the
activities or legitimate rights of any person in a way that deprives
that person of due consideration as an individual.
In
compliance with Title VII of the 1964 Civil Rights Act, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act and
other federal, state and local equal opportunity laws, and in accordance
with our values, Covenant House Texas will not discriminate on the
basis of race, gender, disability, age, national origin, religion,
sexual orientation, or gender expression in any phase of its admissions,
programs or activities.
The Director of Human Resources
for Covenant House Texas will be the Coordinator for compliance issues
pertaining to this policy. Questions or concerns regarding compliance
issues should be directed to Director of Human Resources, 1111 Lovett
Blvd., Houston, Texas 77006; 713-523-2231. The Federal Government
resource on such issues is the Assistant Secretary for Civil Rights,
U.S. Department of Education, Washington, D.C., 20202.
A. Definitions
1.
Discrimination is an act or communication that interferes with an
individual’s or a group’s ability to participate fully in Covenant House
Texas’ services and programs on the basis of race, gender, disability,
age, national origin, religion, sexual orientation or gender expression.
2.
Harassment is conduct and/or verbal action which, because of its
severity and/or persistence, interferes significantly with an
individual’s or a group’s work or education, or adversely affects living
conditions.
Harassment includes but is not limited to
incitement to or threat of violence; epithets referring to race, gender,
disability, age, national origin, religion, sexual orientation or
gender expression; and/or physical conduct that is unwelcome, hostile or
intimidating.
Covenant House Texas recognizes as
harassment conduct and/or verbal communication that is derogatory,
hostile, intimidating, threatening, “bullying,” humiliating or violent,
although not necessarily illegal.
B. Complaint Procedure
Formal
complaints of non-compliance by employees and/or volunteers of Covenant
House Texas should be presented, in writing, to The Director of Human
Resources of Covenant House Texas. All complaints of discrimination or
harassment should be made within 30 days of the alleged incident and
must contain the information specified below in Section C. ‘Complaint
Content’.
C. Complaint Content
All complaints must include the following information:
- The legal name of the individual making the complaint;
- Contact information for the complainant (telephone, e-mail, address);
- Name(s) of person(s) directly responsible for alleged violation(s);
- • Date(s) and place(s) of alleged violation(s);
- • Nature of alleged violation(s);
- • Detailed description of the specific conduct that is the basis of alleged violation(s);
- • Copies of documents, if any, pertaining to the alleged violation(s);
- • Names of any witnesses to alleged violation(s);
- • Action requested by the complainant to resolve the situation;
- •The complaint should be signed and dated; and
- • Any additional information that may relevant to the alleged violation(s) and assist in the investigative process.
Note: The following communications
do not constitute a complaint and will not be investigated or resolved pursuant to the complaint resolution process:
- • Anonymous communications;
- • Courtesy copies of correspondence or a complaint filed with others;
- • Inquiries that seek advice or information only.
D. Complaint Evaluation
A
formal investigation will be initiated if a complaint is complete,
timely, within the scope of this policy and articulates sufficient
specific facts, which, if determined to be true, would support a finding
that this policy was violated. Covenant House Texas may not proceed
with a complaint investigation, if for instance:
- • A person fails to provide a written, signed complaint;
- • A complaint fails to describe in sufficient detail the conduct that is the basis of the complaint;
- • The conduct described in the complaint is not covered by this policy;
- • A complaint is not timely;
- • The complainant declines to cooperate in Covenant House Texas’ investigation;
- • The complaint has been withdrawn; or
- • An appropriate resolution or remedy has already been achieved, or has been offered and rejected.
If
a complaint is directed against an individual who would otherwise play a
role in investigating and attempting to resolve the complaint, the
function assigned to that person by these procedures will be delegated
by the Director of Human Resources to another person.
E. Investigative Process
The
Director of Human Resources, as Coordinator for compliance issues
pertaining to this policy, will interview the complainant, the
respondent(s) and any persons who are considered to have pertinent
factual information related to the complaint. The Director of Human
Resources shall also gather and examine documents, if any, relevant to
the complaint. Facts will be considered on the basis of what is
reasonable to persons of ordinary sensitivity (as opposed to the
particular sensitivity or reaction of any specific individual). Findings
will be based on the totality of circumstances surrounding the conduct
complained of, including but not limited to: the context of that
conduct, its severity, frequency, whether it was physically threatening,
humiliating, or was it simply offensive in nature.
During the
complaint process, the complainant and the respondent(s) may designate
and thereafter be accompanied at meetings and interviews by an advisor
of their own choosing. No representative may examine witnesses or
otherwise actively participate in a meeting or interview.
F. Report of Findings and Recommendations
The
Director of Human Resources will provide a proposed statement of
findings, copies of relevant documents and any physical evidence
considered to the Executive Director of Covenant House Texas and the
Chair of the Human Resources Committee within thirty (30) working days
of receipt of the respondent’s statement, unless unusual circumstances
require more time. The Executive Director will promptly notify each
complainant and respondent in writing that the investigation has been
completed and will provide them a copy of the proposed statement of
findings.
Within ten (10) working days of receipt of the proposed
statement of facts, each complainant and respondent may submit such
comments and corrections as they may have.
Within fifteen (15)
working days of the notification to the complainant and the respondent
that the investigation has been completed, the Director of Human
Resources, Executive Director of Covenant House Texas and Chair of the
Human Resources Committee shall meet to discuss the findings, and review
the record, along with any comments and proposed corrections submitted
by the complainant and respondent.
Within fifteen (15) working
days from that meeting, the Executive Director (and if a conflict
exists, the Chair of the Human Resources Committee) shall take one of
the following actions:
- Request further investigation into the complaint;
- Dismiss
the complaint if the results of the completed investigation are
inconclusive or there is insufficient reasonable, credible evidence to
support the allegation(s); or
- Find that this policy was violated.
If
the Executive Director or Chairperson of the Human Resources Committee
determine that this policy was violated, he or she, following
consultation with the Director of Human Resources or other knowledgeable
persons as appropriate, shall determine a disciplinary action that is
appropriate for the severity of the conduct. Disciplinary actions can
include, but are not limited to, written reprimands, the imposition of
conditions, reassignment, suspension without pay and termination.
The
Executive Director or Chairperson of the Human Resources Committee
shall inform each complainant and accused individual, and the
appropriate unit head(s) in writing, of his or her decision, and shall
attach a copy of the final statement of findings.
G. Retaliation Prohibited
Any
resident, volunteer, or employee of Covenant House Texas who retaliates
in any way against an complainant, or any individual who participated
in good faith in an investigation of a complaint, is subject to
disciplinary action, up to and including dismissal from the Covenant
House Texas program and/or employment.
H. Filing of False Complaints
Any
person who knowingly and intentionally files a false complaint under
this policy is subject to disciplinary action up to and including
termination from employment and/or dismissal from the Covenant House
Texas program.
I.Formal Discrimination Complaint
At
any time, persons who believe they have been victims of discrimination
may file a formal complaint with the Office of Civil Rights, U.S.
Department of Education, Washington, D.C., 20202.
January 25, 2011