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:
- • Oral allegations;
- • E-mail correspondence;
- • 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.
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.
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
