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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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To Whom It May Concern, I was the subject of a EOAA (Equal

Customer Question

To Whom It May Concern,
I was the subject of a EOAA (Equal Opportunity Affirmative Action) and Investigation at the college that I work at Vassar College. I was accused of using racially biased terms when addressing two out of control, ill behaved and disrespectful students. I received the findings this past Friday at the end of the day, I have 5 business days to respond. The findings sheet is fine and I do agree with the findings. The report on the other hand, is worded in away that states that I said things that I did not say, but did not intend for those things to be racially biased as well as the reports contains other untruths. I am concerned that if I agree with the findings report that it will be used to establish a pattern of behavior that is untrue. I have a meeting with the Vice President of Human Resources this Thursday at 1:30 pm.
I am looking forward to hearing back from you and Time is of the essence in this matter.
Respectfully yours,
Bill
William C. Hockman (###) ###-####
***@******.***
Submitted: 4 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 4 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The problem here is that these sorts of internal employer actions are not controlled by external procedural laws. So, while I certainly understand your concern about the contents of this report, nothing in external law will compel the employer to alter their findings or report.

You have the abilities provided by your school's due process system to appeal and submit a rebuttal, but there is no forum (at least at this point) where you can take this matter to force a change in the report. This is not a matter of "defamation of character" because the report is internal rather than being broadcast to others. This isn't a matter of lack of due process because you are receiving that. While you may disagree with the outcome of the investigation, there was an investigation where you and others were able to state their position. While you don't agree with the report, the other side won't agree with the findings...meaning neither side is really happy with it (which is practically the definition of compromise).

Agreeing to the findings is not legally agreeing to the every single line of the report. You agree generally with the result, while you can reserve disagreement with the specifics of the report. You can even ask to submit a general agreement, where you can state that you agree with the findings, while reserving disagreement with some of the items contained in the report. If the school is willing to accept this, then you are fine.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 4 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day

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