Western Nebraska Community College | 2015-2016 Planner - page 198

Usually, complaints are most effectively addressed at the earliest possible stage. A
student or employee who feels that he or she has been subjected to illegal discrimination,
harassment, or retaliation should feel free to inform the respondent, either through
verbal or written communication, that the behavior is unwelcome and should cease. If
the student or employee does not feel comfortable in addressing this issue directly with
the respondent or, if discussions do not produce a result acceptable to the student or
employee, then the student or employee shall file a written complaint in compliance
with the Reporting Procedure section of this procedure.
After the complainant has filed his/her complaint in compliance with the Reporting
Procedure section of this procedure, a designated officer will meet with the
complainant to review the options for resolving this complaint. At this initial meeting,
the complainant can request that either the Informal Procedure or Formal Procedure
be followed. Based on this interview or at any other time while the Informal Procedure
is pursued, the officer or complainant may elect to move the complaint to the Formal
Procedure if circumstances are determined to merit a more complete investigation.
Under either the Informal Procedure or Formal Procedure review process, all involved
parties have a duty to cooperate with the review or investigation and they are not to
knowingly impede, obstruct, or delay the progress of the review. In particular, both
the complainant and the respondent have the responsibility to provide all relevant
information and facts to the matter under review.
Informal Procedure
If the Informal Procedure is elected, the Vice President of Human Resources will meet
with the complainant to review the complaint, will discuss the allegation(s) with the
respondent, and identify solutions to the complaint. If both parties to the complaint
agree to a solution(s), this solution(s) shall be written, signed, and dated by both
parties to acknowledge that they agree with the solution and agree to maintain the
confidentiality of the matter to the extent possible. The Informal Procedure review shall
be concluded within a period of thirty (30) days of receipt of the complaint. If a written
resolution is reached during the Informal Procedure review, the complaint review
process ends at this point.
Within sixty (60) days and again within six (6) months following completion of an
Informal Procedure review, the designated officer shall follow up with the complainant
and the respondent to determine the status of the resolution. The designated officer will
report the results of these follow-up inquiries in writing to the Vice President of Human
Resources.
During the Informal Procedure review process, all parties involved in processing the
complaint, including but not limited to the designated officer, shall each serve in a
neutral role in the process and shall not act in an advocate role for the complainant
or the respondent. The role of the designated officer is to communicate the issues and
identify potential solutions. Legal counsel may be consulted by the designated officer
as appropriate. In the event a person designated by this procedure to receive or review
a report is the respondent or otherwise involved in the matter, he/she shall be recused
from this process and another appropriate official shall be appointed to fulfill that
person’s role.
If the complainant does not agree with a solution reached during the Informal
Procedure, the complainant shall, within ten (10) calendar days of the conclusion of
the Informal Procedure review, request in writing that the complaint be investigated
through the Formal Procedure.
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