| |
Southwestern
Community College - Policies and Procedures Manual |
| Procedure
Title: |
Sexual
Harassment |
4.17.1 |
| Responsible
Division: |
Administrative
Services |
|
| Date
Approved: |
April
1999 |
|
| |
| 1. |
Complaint
An employee or student who feels sexually
harassed is encouraged, but not required,
to informally resolve the complaint directly.
The employee or student may choose to circumvent
this step and may request mediation or formally
report a complaint through one of the following
channels:
| a. |
Supervisor
of the alleged offender |
| b. |
Vice
President or Director for the appropriate
division or department |
| c. |
Director
of Human Resources and Facility Development
|
If
upon investigation by the appropriate supervisor,
a complaint warrants disciplinary action
for prima facie sexual harassment, the supervisor
may proceed to take the appropriate disciplinary
action as outlined in policy 4.20
and procedure 4.21.1
- Disciplinary Action, Suspension and Dismissal.
If
the responsible supervisor cannot determine
the facts and merit of the complaint based
upon prima facie evidence, then the complaint
proceeds to a modified version of the Employee
Grievance Procedure 4.23.1,
outlined below. |
| 2. |
Filing
Requirements - Formal grievances
must be filed in written form within 120 days
of the action or decision being grieved. The
grievance must be submitted to the Office
of the President. The employee must include
a specific written summary of all allegations
and relevant documentation and a list of witnesses
who can substantiate the allegations or documentation.
All formal charges of sexual harassment must
be reported to the Vice President for Administrative
Services immediately for insurance reporting
purposes. |
| 3. |
Appointment
of Hearing Panel - Within ten working
days of receipt of the grievance, the President
shall appoint a panel consisting of three
employees chosen from the roster of full-time
employees of the college. None may be from
the same division of the college as the complainant
or respondent. Any employee named as a party
or witness is disqualified. The grievant and
the respondent may each disqualify one person
from serving if they feel that person cannot
remain unbiased. The President will appoint
employees to replace those disqualified from
service or who decline to serve. The panel
must elect one member to act as chairperson.
The chairperson's responsibility is to facilitate
the process. |
| 4. |
Pre-Hearing
Activities - The panel will decide
by a majority vote any evidentiary dispute
arising in the course of the deliberation.
| a. |
The
respondent is the party
named by the grievant as the person
making the decision or action which
is the basis of the grievance. The respondent
shall be notified of the grievance by
the Hearing Panel. The Hearing Panel
shall request from the respondent a
written summary providing any relevant
documentation to substantiate the action(s)
which are being appealed by the grievant.
The hearing panel must share copies
of the grievance statements with both
parties. The respondent shall have ten
working days in which to respond. |
| b. |
Pre-hearing
conferences may be held at
the discretion of the hearing panel.
The hearing panel may request additional
information about the nature of the
grievance, the redress sought, and the
identity of all involved parties; give
information about the nature of the
hearing procedures and the rights of
third party observers. |
| c. |
Amending
the Grievance - the grievance
can be amended by the grievant only
until the hearing panel convenes the
formal hearing. At the pre-hearing conference,
the hearing panel may advise the grievant
that the matter is a non-grievable issue
and allow an amendment to the grievance
statement. |
| d. |
If
an issue is not properly grievable,
the hearing panel must prepare a report
that the grievance be dismissed and
state such reasons. |
| e. |
A
grievance may be withdrawn
by the grievant at any stage of the
grievance process. |
|
| 5. |
Hearings
- All hearing shall be conducted
in accordance with the following guidelines:
| a. |
The
hearing panel will decide and communicate:
| 1. |
Order
of testimony presentation |
| 2. |
Admissibility
of evidence |
| 3. |
Procedure
for questioning the parties and
witnesses |
| 4. |
Allowance
and relevance of questions
| a. |
Heresy
evidence may only be admitted
if the source of that information
is revealed so that the
person(s) can be requested
to appear |
| b. |
The
hearing panel should not
allow any questioning
that is irrelevant, unduly
repetitious, or abusive
|
|
| 5. |
Attendance
of persons at the hearing
| a. |
Grievance
hearings are confidential
as provided by state law
|
| b. |
Grievance
hearings are not open to
spectators |
| c. |
The
grievant is allowed one
third party observer and
the respondent is allowed
one third party observer |
| d. |
Third
party observer may be
an attorney, but may not
address the panel, present
witnesses, question witnesses
or parties, or present
evidence. |
|
|
| b. |
Official
Record - the hearing panel will maintain
the official record. The official record
will consist of tape recordings of the
hearing, numbered copies of records,
documents, and statements. |
|
| 6. |
Findings
of the Hearing Panel - The hearing
panel shall prepare a report of their findings
within ten working days from the conclusion
of the hearing.
| a. |
The
report shall state a separate finding
for each particular item of grievance.
|
| b. |
The
findings should resolve the material
issues of fact that have been disputed.
|
| c. |
Recommend
action(s) for the President to take
|
| d. |
The
report shall include any minority views
of a panel member |
|
| 7. |
Response
of the President - The President
shall receive the report of findings from
the hearing panel along with the official
record of the hearing. The President may accept,
modify, or set aside the recommendations of
the hearing panel. The President will inform
all parties involved and the hearing panel
of his or her decision within 15 working days.
|
|
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