and, in the case of sexual violence, to public safety. Chairs, deans, directors, executive
directors, associate vice presidents, vice presidents, members of public safety, and the
Office of the President have been designated as officials who have the authority to
address allegations of harassment, discrimination, and retaliation in consultation with
the Director Human Resources AA/EEO and Compliance. These persons shall receive
training in proper procedures. These persons immediately shall intervene to eliminate
misconduct in working and learning environments, regardless of whether they have or
have not received a complaint of harassment, discrimination or retaliation. All offenses
shall be reported to the Director Human Resources AA/EEO and Compliance within one
business day after becoming aware of the incident.
Other personnel who have knowledge of alleged harassment, discrimination, or
retaliation shall report the conduct to a supervisor (above the level of the person
identified in the compliant) and/or to the Director Human Resources AA/EEO and
Compliance. If the Director human Resources AA/EEO and Compliance is accuses
of wrongdoing, the report shall be submitted to the Chief Human Resources Officer.
Complaints of alleged harassment, discrimination, and retaliation should be reported
within two business days after becoming aware of the incident.
Determination of whether harassment has occurred must use the “preponderance of
evidence” standard. If there is more evidence of harassment than evidence contradicting
it, then harassment has occurred.
INFORMAL RESOLUTION (Supervisor, Complainant, andRespondent)
The supervisor meets
with the complainant and the respondent first individually and then as a group, if appropriate
and agreed to by the complainant, to resolve the issue informally. Thesemeetings should
occur within seven business days of the initial complaint unless extraordinary circumstances
intervene. If the complainant and the respondent accept the supervisor’s recommendation
at the end of the informal process, eachwill sign a formacknowledging their acceptance and
forward the form to the Director Human Resources AA/EEO and Compliance. If both parties
are satisfiedwith the resolution, the process ends with the Informal Resolution. If either party
is not satisfied, he/shemay choose to speak with the Director Human Resources AA/EEO and
Compliancewithin ten business days of completing this informal process to begin the Formal
Resolution. (If the supervisor has concerns about the severity or complexity of the accusations,
he/shemay refer the case to the Director Human Resources AA/EEO and Compliance.)
Note: The complainant may skip the Informal Resolution at any time and proceed
immediately to Formal Resolution.
FORMAL RESOLUTION (Director of Affirmative Action and Compliance)
Step I.
Investigation and Recommendation
: (Director Human Resource AA/EEO
and Compliance)
If either party or the supervisor contacts the Director Human
Resources AA/EEO and Compliance requesting further action, the director will initiate
an investigation including presenting a written statement of the alleged actions to the
respondent. The director will present the written findings of the investigation along with
a recommendation of a method of resolution to the area vice president within twenty
business days, if possible, but no later than thirty business days. The Director Human
Resources AA/EEO and Compliance will keep both parties and the appropriate level of
supervision informed of the status of the compliant at the appropriate time.
Step II. Decision: (Area Vice President)
The area vice president in consultant with
appropriate area supervisor (e.g. a dean or director), makes a determination based upon
HR’s written findings within ten business days and notifies all parties. If the complainant
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