• Should the complainant not be satisfied with the conclusions of the investigation
then, within ten (10) days of the date of the notice of determination, he/she may
request review of the determination. If the complaint was filed against an employee
or student, other than the President, a direct report to the President, or a Board
member, the request for review shall be submitted to the Office of the President.
Upon receipt of the request for review, the President shall designate an officer of the
College to review the investigator’s report and determine what, if any, appropriate
action is required as a result of the findings of the investigation. The reviewer may
review the complaint, interview the complainant and the respondent, if necessary,
and complete such other interviews as may be necessary to make a determination.
The reviewer shall complete the review within fourteen (14) days. If additional time
is needed to complete this review, the reviewing officer shall notify the complainant
and the respondent that the review is delayed, and indicate the reasons for the
delay. The reviewer of the investigator’s report shall provide a report to the President
with his/her findings. The President shall consider this report and shall inform the
complainant of his/her findings and conclusions. The decision of the President is
final.
• If the complaint was filed against the President, someone who reports directly
to the President or a Board member, the request for review shall be submitted to
the Chair of the Board of Governors. Upon receipt of the request for review, the
Chair of the Board of Governors shall contact legal counsel and coordinate the
appointment of an external third party who shall serve as an investigator to conduct
a review pursuant to the Formal Procedure set forth herein. At the conclusion of
this review, legal counsel shall provide the Board of Governors a report and an
accompanying recommendation from the reviewer for the Board’s consideration.
Following completion of the review of this report, the Board of Governors shall take
any necessary and appropriate action. The action of the Board of Governors is final.
Confidentiality
A student or employee seeking general information or guidance about harassment
may be concerned about whether the information they share is confidential. While the
College desires to create an environment in which individuals can discuss concerns
and make complaints, legal obligations may require the College to take action once
it is informed that illegal discrimination, harassment, or retaliation may be occurring.
Therefore, although the confidentiality of the information received and the privacy of
the individuals involved cannot be guaranteed, they are protected to as great an extent
as is possible while still allowing for appropriate and necessary investigation of the
matter to occur. The expressed wishes of the complainant regarding confidentiality are
considered in the context of the College’s obligation to act upon the charge and the
right of the respondent to be informed concerning the charge.
Policy Enforcement Training
Western Nebraska Community College shall provide appropriate training for all staff
selected to investigate a complaint under the Formal Procedure review process. The
College shall determine the appropriate training required of these College employees
and shall provide for periodic, required training and updates. An investigator selected
from outside the College shall have demonstrated expertise in conducting such
investigations.
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