Formal Procedure
Under the Formal Procedure, the Vice President of Human Resources should proceed
under the following guidelines:
• Upon receipt of a complaint, theVice President of Human Resources, or a designee,
shall review the allegations provided in the complaint and may consult with legal
counsel to determine the appropriate action required. If it is determined that the
complaint has sufficient probable cause to be investigated under the College’s
Discrimination, Harassment and Retaliation Prohibited Policy and Procedure, the
Vice President of Human Resources shall appoint an investigator to investigate the
complaint. The appointed investigator may be a College employee, or a third party
retained by the College to conduct the assigned investigation. Where appropriate,
two parties may be appointed to conduct such investigation.
• The investigator shall promptly initiate an investigation of the complaint by discussing
the complaint with the complainant and by interviewing any witnesses with relevant
information, including but not limited to parties participating in or observing the
conduct. The respondent shall be given a copy of the complaint and shall be given
the opportunity to respond in writing to the allegations within seven (7) days of
notification of the complaint. All parties in the investigation are to be advised that
information surrounding the complaint is to be kept confidential. Witnesses and
the respondent are to be advised that retaliation against a complainant is strictly
prohibited and may lead to discipline up to and including termination or expulsion.
Additionally, the respondent shall refrain from contacting potential witnesses until
the investigation is complete.
• The investigator shall summarize the findings in a report to theVice President of Human
Resources within sixty (60) days from receipt of the complaint or from the closure of the
Informal Procedure review, whichever is later. When is it not reasonably possible to
complete the investigation within that time, the investigation period may be extended
by up to an additional sixty (60) days upon approval of the Vice President of Human
Resources. If the extension is granted, the parties to the complaint are notified.
• The Vice President of Human Resources shall review the investigator’s report and
shall, if warranted, take or recommend appropriate action. Not every complaint
will necessarily warrant corrective action or discipline. However, if the investigation
reveals that discrimination, harassment, or retaliation has occurred, the respondent
is subject to discipline up to and including termination or expulsion.
• During the Formal Procedure review process, the investigator and all other parties
involved in processing the complaint shall 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 investigator is to thoroughly investigate the issues as stated in the written
complaint and to determine findings based on this review. Legal counsel may be
consulted by the investigator 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.
• Within ten (10) days of receipt of the investigator’s report, the Vice President of
Human Resources shall notify the complainant and the respondent of the outcome
of the investigation and provide them with a summary of the investigation report.
The complainant and the respondent shall also be reminded that retaliation taken
because of the filing of a complaint is prohibited and that any such retaliation
should be reported immediately.
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