• The University ofGcorma t~ECEIVED

9 February 2009 O' UGA-EEO OFFICE

ZOCq fEB 25 P J 05 Mr. Steve Marcotte Custodial Services Superintendcnt Departmcnt of Univcrsity Housing CentrnlOffice Russell Hajj University of Georgia Athcns, Georgia 30602

Re: Ms. Milagros Concepcion, NOAH Complaint

Dear Mr. Marcotte:

This lettcr is to report to you the findings from the lIlvestigation resulting from a reported complaint made in January 2009 against Ms. Concepcion ("Respondent") by one of her coworkers ("Complainant") in which it is alleged thal shc madc discriminatory statements rclating to rncc. Under UGA's Nondiscrimination and Anti-Harassment Policy, found at: http://www.uga.edu/coo/cooframcsctpolicy.htm ("NOAH Policy") it is my obligation to first ensurc that all rcports or complaints of alleged conduct by any member of the UGA community that may violate the NOAH Policy are thoroughly investigatcd and thcn to make appropriate determinations as to whcther violations occurred and iI' so, to impose the appropriate sanction or other corrcctive action.

r have reviewed the file of this matter preparcd by Ms. Janycc Dawkins, our Associate Director, who conducted a thorough investigation as requircd by the NOAH Policy. Based upon this rcview, r have detcmlined that therc is sufficient cvidencc to establish a violation of the NOAH Policy. In particular, there was credible evidcncc that Respondent expressed her dislike for African-Americans to several of her co-workers on several occasions, and on at least onc occasion used the epithct "nigger."

Under thc NOAH Policy, such conduct is towlly unacccptable in the Univcrsity community and will not be toleratcd. Given the totality offhe circumstances, however, I am imposing a sanction of a formal caution that Respondent should exercisc carc and good judgment in all future interactions with hcr co-workers, and in particular avoid verbal and non-verbal communications or actions, that could be reasonably interprcted as discriminatory under the NOAH Policy. Furthermore, in certain circumstanccs profanity, shouting or other disruptive behavior may also violate UGA's Disruptive Behavior/Workplace Violence Policy, ("Workplace Violence Policy") found at http://www.uga.cdu/safcandsccmc/workplacc.html. Sanctions for such violations include appropriate disciplinary action, up to and including termination of employment.

It is also a violation of the NOAH Policy to falscly or rccklessly accuse others in the University community of violations of the NOAH Policy and she should be admonishcd that any fllture

3 Peahody Hall. Athens, Georgia 30602-1622. Telepholle (706) 542-79J2 • Fax (706) 542-2822 An EllllJ.1 Opportunity/Aftirmatiw Action Institution

Mr. Steve Marcollc .. 9 February 2009 •Page 2

allegations madc by her in tbis regard should be based on her personal and direct observation rather than hem'say or mere supposition. Respondent should also be informcd that it is a violation ofthe NOAII Policy to retaliate against or intimidate any person who has either made a report of an alleged violation orthe NOAH Policy or participated in the investigation of such a complaint. Any future violation of the NOAH Policy or the Workplace Violence Policy by Respondent will subject her to disciplinary action ill2Jo and including termination of her employment.

I also strongly recommend that Rcspondent be required to demonstrate proficiency in comprehending, writing and speaking English at a level commensurate with the cssential functions of her position and the requirements of safety. Such training should be formal instruction with clear expectations relating to conditions of her further employment and verified by appropriate testing and other metrics.

Please have Respondent completc thc Acceptance and Acknowledgemcnt below and return the signed copy to me for my tiles. Thank you for your cooperation in this mattcr and if you have any questions regarding, plcasc do not hesitate to contact this office.

IYY64--( e~ r of Equal Opportunity

Enclosurc

ACCEPTANCE AND ACKNOWLEDGEMENT

I, Milagros Concepcion, having received the foregoing letter on d.;'2/// ,2009, I understand and acknowledge that in accordance with the NOAH Policy, I have a period of ten (10) working days from the date of my receipt of this letter in which to file an appeal of this decision with the President of UGA and that after the expiration of such period without having so appealed, this decision is final and not subject to further appeal.

Signed~" - ; he ", Milagros Concepcion

cc: Ms. Lee Motsinger

• • (Rt)ill/------- /78 S

The University ofGeorgia

EqUill ()p~l(lrtuni[y O/Ticc ;1 , I

14 May 2009

Mr. James Nichols University of Georgia food Scrviccs 0103 Snelling Hall

Dear Mr. Nichols:

This letter is to report to you thc findings from thc invcstigation resulting from an allegation by Ms. Deanna Stevens and Ms. Diane Tate, University of Georgia ("UGA") employees ("Complainants") of sexual harassment by you in violation of the University's NonDiscrimination and Anti-Harassment Policy found at: http://,,ww.uga.edu/coo/eooframcsetpolicy.htm ("NOAH Policy").

I have reviewed the file of this matter prepared by my Associate Director, Ms. Dawkins, who conducted a thorough investigation as required by the NOAH Policy. Based upon this review, I have determined that the available evidence is sufficient to establish that you sexually harassed Complainants in violation of the NOAH Policy.

Your conduct involving the Complainants when viewed in its entirety was very inappropriate and renected extremely poor judgment. Behavior ofthis kind is contrary to the eollegial and professional work environment that UGA expccts for all members of the UGA community. This is the second such finding this year and any fiJture violations of the NOAH Policy by you could weJl be grounds for your immediate termination.

Aceordingly, it is my determination that the foJlowing sanctions be imposed to impress upon you the seriousness of the violation and thc importance of your fuJI compliancc with the NOAH Policy in the future:

1. Suspension without pay for live (5) days,

2. Obtain within three (3) months from the date hereof, appropriate sexual harassment

training, to be selected by your unit and approved in advance by this offiee,

3. Refrain from further contaet with Complainants except as may be required for legitimate

UGA business, and

4. Refrain from any fiJture eonduct similar to that giving rise to this eomplaint involving any other member ofthe UGA eommunity. I eannot overemphasize this admonition. Any

3 PCJ.bndy H,lll • AI1H"l1s,

• • Mr. James Nichols 14 May 2009 Page 2

future action like that involved here or that otherwise violates the NDAH Policy will be grounds for immediate dismissal.

These sanctions are specifically related to the NDAII violation and do not take into account your overall employment record or any other information and as such do not preclude other actions by your supenors.

The type of conduct that was determined to have violated the NDAH Policy in these two cases will not be tolerated. Such conduct includes actions that you apparently regard as flirtatious or otherwise acceptable such as communications (both verbal and non-verbal) that have "double meanings" or otherwise can be interpreted as sexual, whether directly or indirectly. You are hereby directed to limit your communications while working at UGA, especially when involving female employees or other members of the UGA communitv, to those reguired for your duties.

Finally, I am obligated under the NOAH Policy to caution you that it is also a violation ofthe NDAH Policy to retaliate against or intimidate any person who has made a report of sexual harassment or participated in the investigation of such a complaint. Therefore, you may not retaliate against or intimidate anyone involved in this matter. Ifthere is any future detennination that you have retaliated against anyone or otherwise violated the NDAH Policy, you will be subject to disciplinary action up to and including termination of your employment.

Please acknowledge your receipt of this letter and acknowledgement of your appeal rights in the space below and return a signed copy to me for our files.

If you have any quest" s, please do not hesitate to contact me. \~,

IY Y·Ql¥h-.,~

J.S;eph~ Director of Equal Opp )rtunity

cc: !VIs: Beverly Sexton Jeanne Fry

ACKNOWLEDGEMENT OF RECEIPT AND APPEAL RIGHTS

I, James Nichols, having received the foregoing letter on . 2009, acknowledge that in accordance with the NDAH Policy, I have a period of ten (10) working days from the date of my receipt of this letter in which to file an appeal of this decision with the President of UGA and that after the expiration of such period without having so appealed, this deci 0 I and not subject to further appeal.

\

Signed''---=.=''''---+'''''''s::2'='- Date: S - , Vj - c:f1 ) J

• • (IDI --------- , 7.~ 0; _

The University ofGeorgia

EquJ,J ()pp()nUnilV ()IJi~c

4 March 200'!

Mr. Jl'1f Massey Production Tech WNEC; X02 E. Doyic' StJ'ecl Toccoa. GA 30577

Dear Mr Massl'):

This lelter is to report to you the findings Ii-Oln the investigation resulting from a reported allegation by anotller Uni\wsity of Georgia ("UGA") employee ("Complall1ant") of sexual harassment!!y vou Il1 violation of the University's Non-Discrimination and Anti-Harassment Pol icy /i'"nd 'II: fIllJ,>\\_\\w.llga.eQweoo'eo,,-Ji ;l1,!ec~oliev.htnl ("NDAH Policv")

r have renewed the Ille of this mailer prepared hy my Associate DirL'etor. Ms. Dawkins, who conducted a thorough investigation as reljnired hy the NDAII Policy. Based upon this review. r ha\'e c!etenninl'd rhat the available eVIdence IS suClleient to establi,h that you sexually harassed Complainant in vIolat;on ofthe NDAH Policy.

Your cOl1duct ill\o" ing the Complainant when viewed Il1 liS entirety. \\ as VCIy inappropriate and rellected extremely poorjudgment. Behavior 1'1' this kind [s antithetical to the colleg[al and professional work en\'ironll1l'nl that [KiA expects f'". "II members or the UGA community. ]'urthennore, it is thc clear policy anti expectation thai incidents like this of sexual harassment, especially \\ here, as hcrc, it involves eo-\\orkers "hose schedules reljuire them to he at their work stations aller normal working hOllrs. arc eonsilkred very serious violations or the NUAII Policy, warranting cOlllmensurale sanctiolls or other concctive measures.

Acconlingly, il is my determination thaI the following sanctions bc Imposed to Impress upon you the scriousne" tlfthe violatIon and the iIllpllrtancc of your 1'1111 ctlmpli"ncc with the NDAII Policy in the future:

j. Suspension without pay J()r live (5) d"ys,

2. Obtain \\[tlu11 three (3) months li·t)J11 the date hcreof, appropriate sexual harassment

trainIng. ttl be selectcd by you and approvcd in adv"nce by this ofllce,

3. Re!i'ain 1;-0111 further contact witlt Ctlmplainant except as may he ret.Juired li)r legitimate

LiliA business, and

3 l\:,l\1t);,.l~·lhll • Athcm, CcorglJ. 30602-l()22 • Tl.:Il'pholH: (70()) S42-79l2 • ~.l\ (70(l) S42-2X27 An Fqll;IJ ()PP()rlullin"/:\Hirm.UJ\c Anioll InsrirlJllOll

• • lVIr. Jell' Massey 4 1\lareh 2()()\) I)agc 2

4. I{di,uu lioJll auy future conduct similar 10 Ilwl gi,·ing rise to this complaint involving any other mcmber of the UGA eomJlluuity.

These sanctions arc solely rclateu to thc NDAII violation and do nol preclude other aelions by your unit.

Finally, I am obligated under the NDAII Policy to caution yOll that it is also a ,·iolalion of the NDf\1 r Policy tl> rClajjntc against or intllllidate allY person \\'ho has made a report uf::,c.\ual harassment or p;lrlicip~lll'd in the inn~stigatiol1 or such a cOl1lplailll. ThcrcJorc, you Illay nol retaliate agal/lSt or inlJmidate anyone invlllvcd in this matter. Iflhere is any future determination that you ho,,·e retaliatcd agam't anyone or otherwise violated the NDAH Policy, you will be subject 10 disciplinary action lip to and including termination of y"ur employment.

Please ~h:knl)\\ kdl.!,L' "YOl,r rc\-'ci-/Jl of this ktter and acknowleuc:ement or '/O~lr an,~,-,eaJ right.": in the '- - '--' .

space bclow and retllrn a signed copy tlllllC for my files.

Thank yOll for your cooperation in this matter. If you have any queslillns, please do not hesitate to cOlllal't Ille.

. ou~:: ~ .

Direct r of Equal Opportunity

ACKNUWLEIH;Ei\1 ENT OF RECEIPT AND APPEAL R[GHTS

J. Jeff Massey, having rcel'ived the forl'going letter all {Y1UYC ~\ Ll ,200'1, :lcknowlC'dgl' that in 'lccordance with the NDAII Policy, I have a period often (10) working days from the date of my receipt of this letter in which to file an 'll'peal of this decision with the Prl'sident of UG/\ and lh:lt after thl' expiration of such period without having so appealed, this decision is fillal and not subject to further appc;Ji.

Date '3 lq 109

cc: Slcwarl Grj1l11'S JinllllY Sanders Michael l :astcngara

Ar r(cd !E\ b S Ctl~ 3 , II., 10 q VI i, Cuh 110;1 (Y1[t I \, ~t ~J(I"

({c\',r t jr.t.!U"l/J

v truly

J. Ste hen Sill b

Sigll cd ..'-#N-IIt-'-==V-

\nt -------- ',-.,.< -------

The University ofGeorgia

26 March 2009 Equal Oppor1ul'litl· Otlicc

Mr. Steve Marcotte Custodial Services Superintendent

Department uf University Housing

Central Office

RusseH Han University of Georgia

Athens, Georgia 30602

Re: Ms. Noa Pacheco, NOAH Complaint

Dear Mr. Marcotte:

This tetter is to report to you the findings from abe reopening of the previous investigation reported to

you in my lettcr of 9 Febnmry 2009. The investigation was reopened due to ncw cvidonce to the

effect that Ms. Pacheco and the other compl!aining witnesses who originaUy aHegcd tl1eir coworker, Mr. Kevin Sanders, had violated UGA's Non-Discrimination and Anti-Harassment Policy fuund at:

hn ://www.u~a.eclll/eoo/eoo[ram>tollie.htm ("NOAH Policy"), had fabricated the substance

of their complaints against him. III addition, the new evidence also discloses that this effort to cause trouble for Mr. Sanders was instigated by Ms. Milagros Concepcion through intimidation and other

means.

The NOAH Policy expressly makes it a violation to make false complaints oftbe type made in this

case. Furthermore, Ms. Pacheco participated in a conspiracy to pervert the process for enforcing the

NOAH Policy. Due primarily to her wrongful and prelneditated actions and those of her co

conspinltors, a substantiall inju~tice occurred that seriously impacted Mr. Sanders and also wastt;d a

significant amount of UGA resources. Consequently, Tfind that Ms. Pacheco wfllfllJly vioJ'ated the NDAlf P()I~cy. Although these actions could readily jLlstify immediate termination, in view of tile apparent honesty and contrition by Ms. Pacheco, the following sanctions are imposed:

I. Termination or employment at UGA, but suspended for a p~.riod of one (I) year from the date

these sancti )ns are ~mposed. subject to Ms. Pacheco's performing alii duties of her position

(including maintaining·satisfactory progress toward speaking and writing English as provi(kd

below) in a salisf~H.:tory manner,

2. Suspen. ion without pay for five (5) days,

3. Apolo,::!;izc to Mr. Sanocrs in your presence,

3 PC1!lody H.lII • Arhcl1S, (,c fl';i:l :>0602-1622 • Tclt:phtlllC (706'1 ,:;4.2 7'l12 • Fax (706) :;42·2822 1\1l ·-qu.1'i ()1'1'"rrlllliry/,\n1nl illivc ;\(lj"l1 In'lilurinll

• • M•. Steve Marcotte 26 March 2009 Page 2

4. Demonstrate satisfactory progress to UGA in a manner to be determined by her unit and reported to this office quarterly during the next twelve (12) months of her ability to speak and write English, and

The suspended termination shall be remitted without further action upon the expiration of the one (I) year period of satisfactory performance as provided above.

Please advise Ms. Pacheco that, as provided in the NDAH Policy, she has a right to appeal this decision in writing to the President of the University with ten (10) working days from the date of your receipt of this letter and that the disciplinary action imposed as a result of these findings may be implemented while her appeal is pending.

Please have Ms. Pacheco complete the Acceptance and Acknowledgement below and return the signed copy to me for my files. Thank you for your cooperation in this matter and if you have any

questions regarding, please do not hesitate to contact this office.

ru:y~~ .Step ~-.~

--l.~e"lc~tUJ'of Equal Opportunity

Enclosure

ACCEPTANCE AND ACKNOWLEDGEMENT

1, Noa Pacheco, having received the foregoing letter on '3\~\0'1 , 2009, I understand and acknowledge that in accordance with the NDA Policy, I have a period of ten (10) working days from the date of my receipt of this letter in which to file an appeal of this decision with

the President of UGA and that after the expiration of such period without having so appealed, this

decision is Iinal and not subject to further appeal.

Date: "3 130 (OCJ._ Noa Pachcco

cc: Ms. Lee Motsinger

.. '1n~

------- , - 8,~ -~-----

The University ofGeorgia Department of Uni.versity HOllsing Housing Business Oftke

(il;;

Division of Silident ..\flJi!""

March 30, 2009

To: Noa Pacheco Building Services Worker I

From: Steve Marcotte Building Services Superintendent

Subject: Letter of Suspension

I am writing to inform you of your three (3) day suspension without pay for the period Monday (March 30. 2009) through Wednesday (April 1, 2009). You are to return to work on Thursday (April 2, 2009). This suspension is warranted due to your violation of the UGA's Non-Discrimination and Anti-Harassment Policy. The NOAH Policy expressly makes it a violation to make false complaints.

As provided in the NOAH Policy, you lhave the right to appeal this decision in writing to the President of the University with ten (10) working days from the date of your receipt of this [letter. The disciplinary action which has been imposed as a result of the NOAH investigation findings may be implemented while your appeal is pending.

If, you have any questions regarding this matter, you may contact Mrs. Lee Motsinger, Housing HR Coordinator, 706-542-8299.

~CerejIY,

~~,~ Steve Marcotte Building Service Superintendent

Rli'sl'Il H.lli • iVlw!;" ';l·orgl.l 31)(,02 • kkphol1c 70()·S42·827V An Eqll.ll ()rrOrrlll1lf)'/,'\thrnl.ltiH ..\(1""' fn,,(ll'tUlllfl

• • • Letter of Suspension Page 2 of 2 Noa Pacheco 3/30109

ACCEPTANCE AND ACKNOWLEDGEMENT

I, Noa Pacheco, having received the foregoing letter on March 30, 2009, I understand and acknowledge that in accordance with the NDAH Policy, I have a period of ten (10) working days from the date of my receipt of this letter in which to file an appeal of this decision with the President ofUGA and that after the expiration of such period without having so appealed, this decision is final and not subject to further appeal.

Signed: No a.j?o.checo Date: 3/"30/07 Noa Pacheco

Cc: Personnel File UGA Employee Relations - Sige Burden NOAH Office

" -,.I.

(til) ------- I 7 H S -- _

The University ofGeorgia

I::qu.\1 Opportulliry Otlin:

26 March 2009

Mr. Steve Marcotte

Custodial Services Superintendent

Department of University Housing

Central Oftice

Russell Hall

University of Georgia

Athens, Georgia 30602

Re: Ms. Briggitte Rosario, NDAH Complaint

Dear Mr. MarcoHe:

This letter is to report to you the findings from the reopening of the previolls investigation reported to

you in my letter of 9 February 2009. The investigation was reopened due to new evidence to the

effect that Ms. Rosario and the other complaining witnesses who OI"liginaJly all1eged their coworker,

Mr. Kevin Sanders, had violated UGA's Non-Discrimination and Anti-Harassment Policy found

at: htl ):llwww.~lga.cdll/eoo/eoo£i.arne.ct.1J.l.ic.hlm(..NDAHPolicy..).badfa.bricated the

subst,mce of their compbints against him. In addition, the new evidence also discloses that this

effort to cause trouble for Mr. Sanders was instigated by Ms. Milagros Concepcion through

intimidation and other means.

The NOAH Policy expressly makes it a violation to make false complaints of the type made in

this case. Furthennore, Ms. Rosario participated in a conspiracy to pervert the process for

enforcing the NOAH Policy. Due primarily to her wrongful and premeditated actions and those

of her co-conspirators, a substantial injustice occurred that seriously irnpac-tecl Mr. S,mders and also wasted a significant amount ofUGA resources, Cons~quent'\y, I find that Ms. Rosario

willfully violated the NOAH Policy and should be terminated from her employment at UGA as

soon as possible.

Please advise Ms. Rosario that, as provided in the NDAH Policy, she has a right to appt;al tillS deci~ion in wr,iring to the Pre 'iclellt of the University witb len (10) working days from the date of

your recc~pl of this letter and that the disciplinary action imposed as a resll!t or these findin ~ . may be ~Illplemented while her appeal is pending.

3 PCilbudv Hal! • Arl!l'lls, Gwr~\i:l 30(i()2-1622 • T",kl,I!()I\l; (706) 542·7912 • bx (706) 542-2822 An '1 IT,ll t>p)10rtHnil '/Anirman,,{, .-\ '[lon lnsl;rllrioll

I • • •'. Mr. Steve Marcortc 26 March 2009 Page 2

Please have Ms. Rosario complete the Acceptance and Acknowledgement below and return the signed copy to me for my files. Thank you for your cooperation in this matter and if you have any questions regarding, please do not hesitate to contact this office.

.......--floil'eet6r 0 f Equal Opportunity

Enclosure

ACCEPTANCE AND ACKNOWLEDGEMENT

1, Briggitte Rosario, having received the foregoing letter on 3· ."1'':' :~ ~c", . 2009, I understand and acknowledge that in accordance with the NDAH Policy, I have a period of ten (10) working days from the date of my receipt of this letter in which to me an appeal of

this decision with the President of UGA and that after the expiration of such period without

having so appealed, this decision is final and not suhject to further appeal.

Signed: 1JA'1I*- 8i5o.

UILJ ------- t 785 ------

The University of Georgia DCl'artment of --------~-~-----® Divi.

• • •

Termination - NOAH Violation Page 2of2 Briggitle Rosario 3/30/09

ACCEPTANCE AND ACKNOWLEDGEMENT

I, Briggitte Rosario, having received the foregoing letter on March 3D, 2009, I understand and acknowledge that in accordance with the NDAH Policy, I have a period often (10) working days from the date of my receipt of this letter in which to file an appeal of this decision with the PreSident of UGA and that after the expiration of such period without having so appealed, thiS decision is final and not subject to further appeal.

Date: 3· 30 . ;(009

Briggitle Rosario

cc: Housing Personnel File UGA Employee Relations - Sige Burden NOAH Office

NDAH-Concepcion-housing-2-3-09NDAH-Concepcion-housing-reopened-3-25-09NDAH-James Nichols-Notice to Respondent-5-14-09NDAH-Jeff Massey-Notice to Respondent-3-4-09-1NDAH-Marco Pacioni-Cortona-Notice to Respondent-Signed Acknowledgement dates 11-13-09. recd-11-30-09NDAH-Pacheco-housing-reopened-3-25-09NDAH-Philipus Pangloli-Notice to Respondent Pangloli-4-29-09NDAH-Rosario-housing-reopened-3-25-09NDAH-Umana-housing-reopened-3-25-09