Filing Formal and Informal Complaints

Transcription

1 Filing Formal and Informal Complaints Informal Complaints: The informal complaint procedures may be used by any person who believes that s/he has been sexually harassed by an employee or vendor of the College or by a student of the College. The complaint procedures may also be used by a person who believes s/he has been the victim of retaliation for filing a complaint of sexual harassment. To request an informal investigation, a complainant should schedule a meeting with the Office of Student Conduct & Community Standards (if the incident involves students) or the Manager of Human Resources, (if complainant or accused is an employee). After meeting, an investigation will be conducted by a staff member and efforts will be made to mediate and resolve the situation. If the complainant does not want her/his identity known, the mediator will strive to keep the discussion sufficiently broad to protect the complainant's identity, even though pursuing allegations and securing individual remedies may be difficult under these circumstances. Prior to filing a complaint a person may want to seek advice and support from a member of the College community who knows how to help: Any member of the Residence Life staff The Vice President for Student Development Director of Student Conduct & Community Standards A faculty member Health Services Counseling Services The Manager of Human Resources A Public Safety Officer or Director of Public Safety

2 If the informal investigation and mediation process does not yield an acceptable resolution, the complainant may: a. continue to seek investigation/resolution through the informal process; b. file a formal complaint (see process above); and/or c. file with the appropriate campus, local, state or federal agency (see information above). The Informal Procedure is usually completed within fifteen (15) business days of the initial meeting. Depending on the circumstances of the complaint, the timing of the initiation of the complaint, and availability of all relevant parties, the Informal Procedure could extend past the fifteen business days. For victims/survivors of sexual harassment and/or sexual violence, consult one or more of the following resources for assistance: Health Services Staff Counseling Services Staff The Department of Public Safety Student Conduct & Community Standards Staff Residence Life Staff Staff from the Office of Student Development Listed below are additional Rights of the Complainant (victim/survivor): 1. The right to have any and all sexual harassment and sexual violence against them treated with seriousness, and the right, as a victim/survivor, to be treated with dignity. 2. The right to full and prompt cooperation from campus personnel, within the limits of the law and College policy and regulation, in obtaining, securing, and maintaining evidence, including a medical examination, as may be necessary to the proof of criminal sexual assault in subsequent legal proceedings. 3. The right to have a community member of her or his choice (other than an attorney, parent, guardian and/or family member) accompany her or him throughout the judicial hearing, which may take an extended period of time. 4. The right to remain present during the entire proceeding. 5. The right not to have her/his irrelevant past sexual history discussed during the hearing. 6. The right to make a "victim impact statement" and to suggest an appropriate sanction if the accused is found in violation of the Code. 7. The right to be informed of the outcome of the hearing. 8. The right to appeal the decision of the Hearing Body and be informed of the outcome of any appeal.

3 Formal Complaints Formal Complaint Procedures when the Alleged Perpetrator is a Dean Student: If there is a reasonable basis to believe that sexual harassment and/or sexual violence was committed by a student who attends the College, the Administrator On-Call and/or the Dean of Students (or designee) may immediately interim suspend the accused student from the residence hall/house and/or the College pending the outcome of an administrative hearing. An administrative hearing will be established at the conclusion of the investigation period (ordinarily within 5 business days). The accused student will be provided: Written notices of the charge(s); The opportunity to respond on his or her behalf (administrative hearing to be set up by the Office of Student Conduct & Community Standards with notification to the accused student and Complainant (alleged victim or the College) no less than 48 business hours in advance of the administrative hearing); The opportunity to present relevant witnesses (although the Hearing Panel may limit testimony that is repetitive or unrelated to the case); The outcome of the hearing to be provided in writing (generally within 72 business hours of administrative hearing); And the opportunity to appeal the decision of the hearing board. Hearing Panel: The Hearing Panel will compromise not less than two staff members. The Hearing Panel is responsible for determining if the accused student is responsible for the charge(s) issued and assess appropriate sanctions if the student is found responsible. The Hearing Panel uses the Preponderance of the Evidence standard when determining responsibility; that standard is whether, taking all the relevant evidence into account, it is more likely than not that the accused person has committed the act of which they are accused. The determination of sanctions is based on all relevant circumstances, including but not limited to the student s prior student conduct history and the severity of the violation. The Director of Student Conduct & Community Standards (or designee) will serve as the Hearing Chair. The Hearing Chair facilitates prepares the accused student and Complainant (alleged victim) for the hearing process, facilitates the hearing process, and addresses any procedural questions during the hearing. Hearing Panels are not open to the general public or College community. In addition, no member of the Hearing panel, accused student, complainant (alleged victim or the College) or witness may record (in any format) the hearing or any aspect of it.

4 Witnesses and/or Advisors: The accused student, Complainant (alleged victim or the College) and the Hearing Panel shall have the privilege of summoning and presenting witnesses, subject to the right of questioning by the Hearing Panel. The Hearing Panel has the discretion to assess whether witnesses are presenting information about relevant matters within their personal knowledge. The Hearing Panel may limit or exclude testimony that is repetitive, unrelated to the case, or otherwise improper. Both the accused student and Complainant (alleged victim or the College) have the right to be assisted at the hearing by any advisor of their choice, provided that the advisor must be a member of the Dean College Community and may not be an attorney or parent/guardian/family member. The accused student and Complainant (alleged victim or the College) are responsible for presenting her/his own case and, therefore, advisors are not permitted to speak or otherwise to participate directly in the hearing. Appeals: Both the accused student and the Complainant (alleged victim or the College) have the right to appeal the decision of the Hearing Panel. A request for an appeal must be submitted in writing to the Director of Student Conduct and Community Standards (or her/his designee) within five (5) business days of the decision. The basis for an appeal and more information about the appeals process can be found on the Student Conduct & Community Standards page on Today@Dean. In appeals involving claims of improper or excessive sanctions, decisions following an appeal cannot result in more severe sanctions for the accused student. Reasonable efforts will be made to deliver the decision to the accused student(s) and the complainant(s) promptly following the appeal decision. When an appeal is denied, or at the end of the appeal process, the case will be considered closed, unless otherwise determined by the Director of Student Conduct and Community Standards. Formal Complaint Procedures when the Alleged Perpetrator is a Faculty or Staff Member The formal complaint procedure may be used by any student or employee who believes that s/he has been sexual harassment or sexual violence perpetrated by a faculty member or employee of the College. The formal complaint procedures may also be used by a person who believes s/he has been the victim of retaliation for filing or participating in the investigation of a complaint of sexual harassment or sexual violence. A person may use the formal complaint procedures without first using the informal complaint process. To make a formal charge, a complainant should schedule a meeting with the Manager of Human Resources (when the complainant or accused is a College employee). At that time, the complainant ordinarily will be asked to sign a written complaint and to provide any pertinent supporting documentation. After the written complaint has been filed, the Director of Student Conduct and/or the Manager of Human Resources will begin an investigation of the incident. In certain cases involving allegations of

5 sexual harassment, an attempt may be made to mediate the complaint to the mutual agreement of all concerned. At any time during the investigation, the complainant may withdraw the charges or the complaint may be resolved through the written agreement of the parties and the Office of Student Development and/or the Office of Human Resources. If no agreement is reached, the Director of Student Conduct & Community Standards and/or the Manager of Human Resources will make a recommendation to the parties and to the President, based on the findings of the investigation. If either party contests the findings of the investigation, a formal hearing will be conducted as per the guidelines established in the Faculty Handbook and/or Employee Handbook. To obtain more information regarding these resolution procedures, please contact the Director of Student Conduct & Community Standards and/or the Manager for Human Resources. Rights of Victims/Survivors: 1. The right to have any and all rapes/sexual assaults against them treated with seriousness, and the right, as a victim/survivor, to be treated with dignity. 2. The right to full and prompt cooperation from campus personnel, within the limits of the law and College policy and regulation, in obtaining, securing, and maintaining evidence, including a medical examination, as may be necessary to the proof of criminal sexual assault in subsequent legal proceedings. 3. The right to have a person or persons of her or his choice (other than an attorney, parent, guardian and/or family member) accompany her or him throughout the judicial hearing. 4. The right to remain present during the entire proceeding. 5. The right not to have her/his irrelevant past sexual history discussed during the hearing. 6. The right to make a "victim impact statement" and to suggest an appropriate sanction if the accused is found in violation of the Code. 7. The right to be informed of the outcome of the hearing. 8. The right to appeal the decision of the Hearing Panel and be informed of the outcome of any appeal. 9. Under the Student Right-to-Know and Campus Security Act, the College is required to publish statistics on violent crimes which occur on the campus as defined in the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. Crime statistics pertaining to rape will be compiled by the Director of Public Safety and will not include the victim's/survivor's name, address, or any other identifying information.