G 1
Counseling
G 2
Discipline
G 3
Grievance Procedure
G 4
Sexual Harassment
Counseling
G 1.1
Members of the Human Resources Office Staff are available to assist supervisors in counseling employees. An employee should be encouraged to first discuss his problem with his immediate supervisor. If the employee chooses, however, he may discuss his problem with a member of the Human Resources Staff. A supervisor cannot penalize an employee for seeking such counseling aid.
Discipline
G 2.1
The following discipline procedures will apply unless immediate discharge is warranted. (See Section C 7.4) In the case of immediate discharge, the supervisor must have prior approval by the Major Department Head and the Director of Human Resources.
G 2.2
For minor violations or misconduct, the supervisor will verbally reprimand the employee. The employee should understand the reason for the reprimand as well as the expected behavior. After the discussion, the supervisor will prepare a written summary for future reference. This summary should be signed by the employee, but it will not be sent to Human Resources to be placed in the employee's personnel file.
G 2.3
For repeated or more serious violations or misconduct, the supervisor and the Major Department Head will jointly reprimand the employee and advise him that the violation is serious enough to be put in writing and placed in his personnel file. The employee will be given one copy of the written reprimand and sign another copy which will be sent to Human Resources and placed in his personnel file. The written reprimand will explain the offense as well as the expected behavior.
G 2.4
If an employee has two written reprimands in his personnel file within a period of one year, a third offense can warrant either suspension without pay or dismissal, depending on the seriousness of the violation. A supervisor must have approval by the Major Department Head and the Director of Human Resources before taking such action.
G 2.5
Any employee has the right to file a grievance under the grievance procedure. (See Section G 3).
Grievance Policy
G 3.1
This policy provides an expeditious and fair manner of resolving grievances of non-faculty employees of the University. Access to this policy by temporary and probationary employees is limited to the area of illegal discrimination claims.
G 3.2
A grievance is defined as any dissatisfaction which occurs when an employee thinks or feels that any condition of employment is unjust or inequitable. This includes but is not limited to suspensions, demotions, dismissals, denials of promotion, inaccessibility to promotion, or claims of illegal discrimination. Matters of performance evaluation and rating; classification and compensation; including salary, benefits, and access to special pay provisions such as differential and supplemental compensation; and end-of-probation termination are not grievable issues. As the first step in the grievance process, the Director of Human Resources determines grievability. A negative determination requires review of the Grievance Review Committee with subsequent recommendation to the Director of Human Resources. Within a period of ten (10) working days after notification of Committee appointment, unless extended for cause by the Committee chairperson, the Committee shall fulfill its charge. If the Committee response time is extended for cause, the grievant will be given notice of the cause in writing. The decision of the Director of Human Resources shall be final. All grievants must follow the outlined procedures contained herein.
G 3.3
No University employee or agent may harass or retaliate against any other University employee who has filed a grievance or participated in any way in the grievance process.
G 3.4
The confidentiality of any information related to grievances or grievance proceedings which would identify, directly or indirectly, any parties to the grievance (the person filing the grievance and any persons named in the grievance allegation) will be protected and such information will be excluded from an employee's permanent personnel record. The grievant agrees to furnish all information relevant to the grievance.
G 3.5
The grievant has the right to obtain information relevant to the complaint which the University may possess. Human Resources, however, may remove from records provided to the grievant all names and identifying information which are not relevant to the grievance.
G 3.5.1
In cases of alleged illegal discrimination the employee also has the right to seek the advice of the Director of Human Resources and/or the Affirmative Action Coordinator at any time during the grievance proceedings.
G 3.6
The Director of Human Resources will maintain a grievance file containing all information relevant to grievance which is available for review by all parties to the grievance throughout the grievance process. No grievance information will be maintained in the employee's personnel file.
G 3.7
Upon written request received by the Director of Human Resources, the same may grant an extension in time not to exceed thirty (30) calendar days for filing or responding to a grievance.
G 3.8
As described in Step Four of these procedures, a Grievance Review Committee shall be established to investigate unresolved complaints. The Committee will be comprised of three (3) impartial members who are selected from a pool of appointed employees. Ten (10) employees from major divisions of Academic Affairs, Student Affairs, and Administrative Affairs and five (5) employees of Institutional Support will be named to the pool, with care taken to ensure adequate representation of women, minorities, and employment categories. This grievance committee pool will serve for one year with training provided as needed, pertaining to the duties of the committee.
PROCEDURES
Step One
Informal Resolution
G 3.9
The employee has the option and is encouraged to discuss the grievance informally with supervisory personnel and/or the Director of Human Resources to seek resolution which is acceptable to the grievant and to the University.
G 3.10
If informal discussions with supervisory personnel and/or the Director of Human Resources have been unsuccessful in resolving the grievance, the employee will receive a copy of the grievance procedures from the Director of Human Resources. The employee has up to thirty (30) days after the occurrence, or knowledge of the occurrence, of the alleged aggrieving act to file a complaint. The only exception to this is that in the case of an alleged discrimination complaint, the employee has up to 180 days to file a grievance. Only in the instance of involuntary termination of alleged illegal discrimination does the grievance survive employee termination.
Step Two
Formal Resolution
G 3.11
The employee will submit his written complaint, labeled "Employee Grievance" to his immediate supervisor and will forward a copy to the Director of Human Resources for the grievance file. In accordance with G 3.2, any determination of grievability will occur in the initial phase.
G 3.12
The complaint will be handled by the supervisor promptly, allowing no more than four (4) working days to elapse from the supervisor's receipt of the grievance to presentation of a response to the aggrieved employee. Presentation to the employee will be made by first class mail or by hand delivery to the employee.
G 3.13
The response by the supervisor will be in writing and a copy will be forwarded to the Director of Human Resources for the grievance file. If the response is in favor of the grievant, it will specify action which will be taken to correct and redress the grievance.
Step Three
G 3.14
If the aggrieved employee is not satisfied with the response received under Step Two, or if the response is not sent (mailed or hand delivered to the aggrieved employee within the prescribed four (4) working days, the employee may contact the Director of Human Resources within ten (10) working days of receipt of an unsatisfactory response or failure of action. The Director of Human Resources will then arrange within four working days for the grievance to be taken by the employee to the next supervisory level. Each supervisory level may request a copy of the original grievance and any subsequent determinations, and may meet with the grievant. If, however, the employee does not initiate such further action within ten (10) working days, it will be assumed that the response was satisfactory and that the grievance is finished.
G 3.15
If the grievance is not resolved at any given supervisory level, the employee may take the grievance through all consecutive supervisory levels up to and including the Major Department Head. The Director of Human Resources will coordinate this procedure.
G 3.16
At all supervisory levels, the decision will be stated in writing to the aggrieved employee within four (4) working days, and a copy will be forwarded to the Director of Human Resources for the grievance file. If the decision is in favor of the grievant, it will specify action which will be taken to correct and redress the grievance. A copy will also be sent to all preceding supervisory levels to whom the grievance has been addressed.
Step Four
G 3.17
If the aggrieved employee is not satisfied with the response received under Step Three, or if the response is not sent (mailed or hand delivered) to the aggrieved employee within the prescribed four (4) working days, the employee may contact the Director of Human Resources within ten (10) working days of receipt of an unsatisfactory response or failure of action. The Director of Human Resources will then arrange for the appointment of a Grievance Review Committee within ten (10) working days of the request by the employee. If, however, the employee does not initiate such further action within ten (10) working days, it will be assumed that the response was satisfactory and that the grievance is finished.
G 3.18
The Grievance Review Committee will be comprised of three (3) impartial members who are chosen by the President from the Grievance Review Committee pool, as outlined in G 3.8. Those appointed shall be from units outside the department of the grievant. One employee shall be designated Chairperson of the Committee by the President. The Committee shall investigate the grievance, accumulate and study the facts in the case, and conduct all hearings.
G 3.19
The Hearing Officer/Chairperson of the Committee shall rule on questions of procedure. In addition, the Hearing Officer/Chairperson shall reduce to writing and forward to the President of the Committee's findings and recommendation for disposition of the grievance. Within a period of ten (10) working days after notification of Committee appointment, unless extended for cause by the Committee chairperson, the Committee shall fulfill its charge. If the Committee response time is extended for cause, the grievant will be given notice of the cause in writing.
G 3.20
The grievance decision by the President will be stated in writing to the grievant within ten (10) working days of receipt of the report of the Grievance Review Committee, and a copy will be forwarded to the Director of Human Resources for the grievance file. The decision of the President shall be the final step in the internal grievance process. If the decision is in favor of the grievant, it will specify action which will be taken to correct and redress the grievance. Copes will also be sent to the Major Department Head to who the grievance had been addressed.
SEXUAL HARASSMENT
G 4.1 It is the policy of the University to provide every employee a working environment conducive to productivity and free from intimidating, hostile, or offensive behavior. Accordingly, the University condemns all forms of sexual harassment on the part of any employee toward any other employee, co-worker, subordinate, or supervisor.
This policy is intended to protect staff from sexual harassment, not to regulate the content of speech. The University recognizes that the offensiveness of particular expression as perceived by some individuals, standing alone, is not necessarily a legally sufficient basis to establish a sexually hostile environment. Determining whether alleged conduct constitutes sexual harassment requires a review of the totality of the circumstances surrounding the allegations, such as the frequency of conduct; its severity; and the context in which the alleged incident(s) occurred.
Definition of Sexual Harassment
1. Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions, affecting such individual; or (3) such conduct is sufficiently severe, persistent or pervasive to create an intimidating, hostile, or offensive working, living, or academic environment. To constitute sexual harassment a sexually objectionable environment must be both objectively and subjectively offensive, one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so under the circumstances. The harasser may be staff, faculty, or a student.
2. Sexual harassment may be considered in two major categories:
a. The first type of harassment is the quid pro quo overt harassment, which is a demand for sexual favors in exchange for a particular employment action.
b. The second category of harassment is more subtle and by definition involves a cumulative effect that constitutes the harassment. Any single incident of this type might not be judged harassment, but continuation of the behavior creates an atmosphere that is uncomfortable and intimidating.
G 4.2
Sexual harassment is a form of sex discrimination
and is, therefore, a violation of University affirmative action policy
and Title VII of the Civil Rights Act of 1964. Any employee determined to have
engaged in sexual harassment will be subject to disciplinary
action which depending upon the circumstances, may include immediate
discharge. Supervisory personnel who know or should have known of the
objectionable conduct of their employees who fail to take immediate and
appropriate corrective action, may also be subject to disciplinary action.
Sexual harassment additionally subjects employees and supervisors to possible
legal action. The University is therefore, obligated to treat such complaints
seriously.
G 4.3 LIMITATIONS OF THIS POLICY
This policy is limited to staff members complaining of sexual harassment by another staff member, a faculty member, a student, or any other employee or affiliate of the University. If a faculty member complains of sexual harassment by a staff member, the faculty person should follow the procedures for initiating an informal and/or formal complaint using the procedures outlined in the Faculty Handbook. If a student complains of sexual harassment by a staff member, the student will follow the procedures outlined in the Student Handbook. The student must initiate this procedure through the Associate to the Vice President for Student Affairs. Additionally, the student may bypass the Associate to the Vice President for Student Affairs and report incidents of sexual harassment directly to the Dean of Student Development, University Legal Counsel or the Affirmative Action Officer (AAO). The student must follow the regulations of the informal, formal, and appeal processes as outlined.
G 4.4 Every supervisor has the responsibility for taking all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment, and developing methods to sensitize all concerned.
G 4.5 If the supervisor becomes aware of sexual harassment through personal observation or complaint of an employee, it is the supervisor’s responsibility to investigate the matter and take immediate and appropriate corrective action.
G 4.6 Employees subject to sexual harassment are strongly encouraged to immediately report the behavior to their supervisors, the Director of Human Resources, or the Affirmative Action Officer.
A staff member who believes he/she has been sexually harassed (hereinafter referred to as the complainant) may seek redress through these established informal and formal procedures. The overriding goal of these procedures is to provide a prompt, equitable, fair, and rights-preserving method of handling sexual harassment complaints. At all times and at all stages of the process, confidentiality and privacy of the parties and proceedings will be maintained.
The University will seek to protect the reputations of all parties involved and will seek to protect all parties involved from retaliation. The University will also assure a fair procedure and a fair hearing before members of a panel who are without bias or prejudice.
All records of the alleged sexual harassment will be maintained in confidential files only in the office of University Legal Services. During either the informal or formal procedures for reporting sexual harassment, other members of the University community may be informed of the specifics of a complaint on a need-to-know basis. Such persons may include the University Legal Counsel, the Affirmative Action Officer, or Dean of Student Development.
INFORMAL PROCESS
1. If a staff member experiences sexual harassment by another staff member, a faculty member, or a student, the staff member (as complainant) has the right to report the incident to his/her director, supervisor, and/or the AAO (Affirmative Action Officer) to determine what action might be appropriate. If a staff member experiences sexual harassment from a contractor or a subcontractor, he/she should report the incident to the AAO. The complainant should begin this informal process as promptly as possible after the alleged incident. If the complainant requests assistance in resolving the matter, the director/supervisor and/or the AAO will explain the University’s sexual harassment policy and procedures and also inform the complainant that he/she may have other possible rights and remedies external to the University. The director/supervisor and/or the AAO will:
a. obtain from the complainant information on the specific nature of the complaint and the evidence that he/she has for making the complaint(s);
b. advise the complainant of all options available through this sexual harassment policy;
c. assist the complainant to clarify the resolution sought; and
2. The director/supervisor and/or AAO will set up a confidential meeting with the respondent to inform him/her about the complaint.
The respondent has the option to request the presence of his/her immediate supervisor or another staff colleague. If the respondent is a student, he/she may request the presence of the Associate to the Vice President for Student Affairs or a representative from Student Government. Legal counsel is prohibited from appearing or participating in the informal process. The purposes of the meeting are:
a. to inform the respondent of the details of the complaint;
b. to obtain the respondent's comments concerning the complaint;
c. to attempt to reach a resolution of the complaint. Such resolutions may include, but are not limited to: an apology and assurance that the respondent's behavior toward the complainant will stop; a change in work assignments, or disciplinary action against the respondent.
d. after consideration of the evidence and other information presented by the staff member, advise the staff member of all options available through internal grievance procedures, including procedures for reporting academic and non-academic complaints. If those other procedures to resolve the matter would be more appropriate the University representative to whom the incident is reported will so instruct the staff member.
e. help the staff member articulate how the alleged sexual harassment has made him/her feel or how it has affected him/her physically or personally; and
f. assist the staff member to clarify the resolution sought. For example, the staff member may want the offensive conduct to stop, may wish an apology, may request a change in his/her office arrangement, or disciplinary action against the alleged harasser.
3. If a resolution is obtained through the informal process, the director/supervisor and/or the AAO will notify, in writing, both the complainant and the respondent. This notification must specify the actions necessary for the resolution of the complaint. If no resolution is obtained through this informal process, the director/supervisor and/or the AAO will likewise notify, in writing, the complainant and respondent of this action. In either case, the director/supervisor and/or the AAO must make this notification by certified mail within ten (10) working days of receiving the complainant's report of the alleged incident or incidents.
FORMAL PROCESS
1. If the informal process has not resolved the allegation of sexual harassment and the complainant wishes to proceed, he/she must file a formal written complaint with the AAO within ten (10) working days after receiving written notification from the director/supervisor and/or the AAO. The AAO will form a hearing panel to consider the complaint. The AAO will be an ex-officio, non-voting member of the panel. The AAO will be responsible for:
a. providing the respondent with a copy of the written complaint;
b. forming a three-member hearing panel (drawing one from a pool in Staff Congress, one from a pool in Faculty Senate, and one from a pool in Student Government) to consider the complaint (composition of the panel will depend on whether the respondent is a member of the staff, faculty, or a student. If the respondent is a staff member, the panel will be composed of two staff members and a faculty member chosen from a pool of faculty and staff members who have agreed to serve on such panel. A panel member who realizes there is a personal relationship or other conflict of interest with one of the parties to the proceedings has a duty to withdraw from the appointment to the panel.
c. advising (in consultation with University Legal Counsel) the hearing panel of the characteristics of sexual harassment and of standards for identifying whether sexual harassment has occurred;
d. scheduling sessions of the hearing panel;
e. calling and scheduling all witnesses requested by the hearing panel;
f. assuring that a record is made of all proceedings;
g. assuring that all deadlines and procedures are followed by the hearing panel; and
h. dismissing the panel at the conclusion of the hearing.
2. The hearing panel will:
a. conduct an inquiry into the alleged sexual harassment incident(s) with the advice of the AAO. (The panel may request of University Legal Counsel records of previous complaints involving either the complainant or the respondent);
b. make a determination of whether the allegation(s) are true or false and whether they constitute sexual harassment; and
c. prepare a written statement setting forth the determination and its basis.
If the hearing panel determines that the complainant has been sexually harassed, it may use any previous sexual harassment complaints documented by University Legal Counsel against the respondent as part of their basis for sanction. Available sanctions include, but are not limited to, reprimand, suspension without pay, and termination of employment.
3. Within fifteen (15) days the chair of the hearing panel will communicate the written statement of the determination to both the complainant and the respondent by certified mail and to the appropriate vice president. The appropriate vice president will have the ultimate decision to impose sanctions, including those recommended by the hearing panel. The appropriate vice president will insure that any written documents concerning the case are filed with University Legal Counsel.
APPEAL PROCESS
1. Either party may appeal an adverse determination or recommendation to the respondent's vice president. The appeal must be written, state the basis of the appeal, and be filed within ten (10) working days of receipt of the notification of the adverse determination or recommendation. A copy of the appeal will be sent to the AAO. The AAO will inform all other parties that an appeal has been made. The appropriate vice president will make a determination on the hearing panel’s decision. The decision of the hearing panel will be affirmed unless there is insufficient evidence in the record to support it.
2. The appropriate vice president will notify the parties involved, in writing, by certified mail, of the determination within ten (10) working days of receipt of the appeal.
G 4.7 Complaints involving sexual harassment may also be filed for resolution through regular grievance procedures (See G 3).
RESIDUAL RIGHTS AND PROCEDURAL COMMENTS
The rights of either party to file a grievance under the Staff Handbook, Faculty Handbook, or Student Handbook shall not be impaired by using the Sexual Harassment Policy and Procedure.