Office of the Provost

Faculty and Unclassified Staff Handbook Chapter 1 -- General Policies

Protected Class Sexual Harassment Grievance Procedures

Protection of Individuals

No person shall be subjected to discharge, suspension, disciplinary action, harassment, or any form of adverse discrimination for having utilized or having assisted in the utilization of the EO/AA grievance process. See also the section on Confidentiality below.

Parties Eligible To Use The EO/AA Grievance Procedures

Any person claiming to be aggrieved by a prohibited employment practice or any other alleged discriminatory practice at the University may contact the Equal Employment Opportunity Office.

Purpose

The purpose of these procedures is to provide an internal means of resolving grievances involving an alleged violation of University equal opportunity, affirmative action, Sec. 504 of Rehabilitation Act of 1973, Americans with Disabilities Act (ADA), and sexual harassment policies. Other University grievance procedures are available to resolve grievances that cannot be pursued appropriately through the Equal Opportunity/Affirmative Action (EO/AA) grievance procedures.

Process

The process for resolving equal opportunity, affirmative action and sexual harassment grievances may include some of or all of the following steps: Inquiry and Discussion, Investigation, Informal Resolution, Formal Complaint, Hearing and Findings, Action on Findings, Appeal, and Issuance of Directives.

The Equal Employment Opportunity Officer has the responsibility for facilitating the first three steps. A Hearing Board drawn from the Grievance Hearing Board Pool is responsible for conducting a formal hearing and arriving at findings. Finally, the President is responsible for taking action on the findings and recommendations of the Hearing Board and for issuing any final directives.

Confidentiality

The Equal Employment Opportunity Office will treat with strict confidentiality information related to grievances. A complainant may request anonymity at all stages preceding the formal complaint stage.

The Grievance Hearing Board will adhere to strict confidentiality as well. Complaints will not be revealed to anyone except the parties involved, the appropriate persons in the EEO Office and, eventually, the President. Because the satisfactory resolution of a grievance is most likely to occur when the complaint is addressed quickly and discreetly, both the complainant and the respondent will be asked not to discuss the complaint with anyone except those persons who may be involved directly. The foregoing does not preclude either party from seeking the advice or counsel of a supervisor, counselor, attorney, or other person in a similar role.

Grievance Hearing Board

Appointment and Membership: At the beginning of each academic year (within two weeks of the commencement of classes), the Student Body President shall appoint six students, the Classified Senate President shall appoint six classified employees and the Faculty Senate President shall appoint six faculty members to a Grievance Hearing Board Pool. Each group should include members of protected classes at Fort Hays State University. All individuals appointed to the Pool will receive training related to the rules and regulations and policies of Fort Hays State University with respect to equal opportunity, discrimination, sexual harassment, and sexual assault. The members of the Pool will elect a selection monitor and alternate selection monitor from among the members (see below under Selection of Grievance Hearing Board for further information).

Procedures

Initial Discussion

A person alleging that discrimination has occurred (the complainant) will contact the Equal Employment Opportunity Office to discuss the charges. During this preliminary discussion, the EEO Office will obtain all relevant information about the complainant and the complaint, will describe to the complainant the parameters of the University EO/AA grievance procedures, and will provide information about other available means of pursuing complaints related to equal opportunity or affirmative action.

In the event that the EEO Officer is the person accused of discrimination or the EEO Officer has a conflict of interest or an appearance of conflict of interest, the ad hocEEO Officer shall act as the EEO Officer in the procedure.

Investigation

The goal of investigation is to define the issue(s) of the complaint in order to seek resolution through mutual accommodation. The EEO Officer is not an advocate for either party and the investigation will be impartial. During the investigation, the EEO Officer will seek to define the issues and the positions of the complainant and respondent in order to identify the source of the conflict, to gather relevant information, and to identify possible means of resolution. If the EEO Officer determines through investigation that the issue does not involve matters related to protected class status or sexual harassment, the complainant will be notified that the issue is not appropriate for resolution through this policy.

During investigation, the EEO Officer will treat the materials received as confidential. However, the EEO Officer may discuss relevant information included in such materials with either party and with other appropriate parties as necessary in order to seek a resolution. If the complainant is satisfied by answers gained through the investigation, the complaint may be treated as settled.

Informal Resolution

An informal resolution often is preferable to one arrived at through formal procedures. However, informal resolution can succeed only if both parties are willing to participate and are open to compromise.

1. If informal resolution is undertaken, the EEO Officer will seek areas of flexibility from both parties and will attempt to reach a mutually acceptable resolution. The EEO Officer will maintain impartiality in a continuing effort to find an agreement that can be implemented to the satisfaction of both parties.

2. If a mutually agreeable resolution is reached, the case is closed and all parties will be so notified.

3. If mutual agreement cannot be reached, the EEO Officer will so inform the parties and the complainant may file a formal complaint, and seek a formal hearing or pursue other remedies.

Formal Complaint

1. Filing

a. The complainant may sign a formal complaint form in the Equal Employment Opportunity Office. The completed form will stipulate the circumstances and the charges of discrimination or harassment and the remedy requested.

b. Should a mutual agreement not be reached and should the complainant wish to continue to pursue the matter a request for a hearing may be made.

2. The EEO Officer will provide the respondent a copy of the complaint, will ask the respondent to send copies of a written reply to the EEO Officer, and will inform the respondent that the reply must be provided within ten working days (hereinafter defined as “calendar days not including weekends, holidays, interim sessions, and cancellations due to exigent circumstances”) of the receipt of the complaint by the respondent unless other provisions are made. Upon receipt the EEO Officer will review the response and after consultation with the appropriate authorities provide a copy of the response to the complainant. During this period there will be continued efforts to resolve the complaint by a mutual agreement and prior to a formal hearing.

Selection of Grievance Hearing Board

1. If progress toward a solution has stopped and it is clear no informal resolution will be reached, within ten working days of the filing of the request for a hearing, the EEO Officer will meet with the selection monitor. (see Section IV for selection procedure) The names of the Pool members will be placed on individual slips of paper. The names will be divided into three groups according to classification (i.e., all student names in one group, all classified staff names in one group, all faculty names in one group). In the presence of the selection monitor, the EEO Officer will draw two names from each group. The first name drawn from each group will serve on the Grievance Hearing Board (hereinafter “Hearing Board”) to hear the particular case. The second name drawn from each group will serve as an alternate for the case.

2. The EEO Officer will notify Hearing Board members and alternates of their selection to the Hearing Board. The EEO officer will notify each member and alternate of the names of the parties involved and the general nature of the grievance (e.g., age discrimination).

a. If a member or alternate has had any significant prior connection in the case or has any actual conflict of interest, that member or alternate is obligated to notify the EEO Officer of the possible need to remove him/herself from the case. The EEO Officer shall determine whether there is an “actual” conflict of interest requiring removal.

b. If a member removes him/herself, the alternate will serve as a member and the EEO Officer, in the presence of the selection monitor, will draw the name of another alternate from the names remaining in that group.

c. If an alternate removes him/herself, the EEO Officer in the presence of the selection monitor, will draw the name of another alternate from the names remaining in that group.

d. If both the member and alternate remove themselves from the Hearing Board, the EEO Officer in the presence of the selection monitor, will draw the names of two additional members from the remaining names in that group. The first name will serve as the member and the second name drawn will serve as the alternate.

e. The EEO Officer will notify each new member/alternate of the names of the parties and the nature of the complaint and provide the additional member/alternate with an opportunity to remove him/herself in the event of conflict of interest as described above.

3. The EEO Officer will notify the complainant and respondent of the names of the members and alternates on the Hearing Board. The complainant and respondent will each have the opportunity to strike members/alternates from that Board. Strikes must be for cause. Cause shall only include a conflict of interest known to the party exercising the right to strike. Any member/alternate so stricken will be replaced in the manner described in Section 2 above.

4. Within ten days of the final selection of Hearing Board members and alternates, the EEO Officer will convene the Hearing Board. Members and alternates shall attend the meeting. During this initial meeting of the Hearing Board, the members shall elect a member to serve as chair of the Hearing Board. The EEO Officer will then provide the chair with relevant materials concerning the complaint. These will include the complaint form, respondent’s reply, a summary of the complaint, and other relevant and appropriate materials.

5. The EEO Officer will notify the parties of the names of the Hearing Board members and alternates and the name, office address and work telephone number of the Hearing Board Chair (as provided to the EEO Officer by the Hearing Board Chair).

6. If, during any component of the hearing or determination, a member or alternate is unable to serve on the Hearing Board, the EEO Officer, in the presence of the selection monitor, will draw a name from the applicable group as described in Section 2 above.

7. Every effort will be made to complete the process within the academic semester or year. However, should a particular hearing last beyond the expiration of the appointment time for Pool members, (i.e. beyond the academic year), those persons serving on the Board will continue to serve as Board members/ alternates until the conclusion of the case. If an individual Board member/alternate is unable to continue service (e.g., ceases to be a student/ employee at the university), he/she must notify the Board chair and EEO Officer of his/her need to resign. If the Board chair resigns from the Board, replacements for resigning members/alternates may be selected from the names of new Pool members in a given group.

Representation

Parties may represent themselves at the hearing or may choose a representative from the Fort Hays State University community. Because this grievance procedure is an internal method for resolving grievances, parties may not have legal counsel present during the proceedings.

Hearings

The Hearing Board will conduct a closed and confidential formal hearing of the complaint unless both complainant and respondent consent to an open hearing. The Hearing Board will have the authority to request attendance of witnesses whose testimony may be pertinent to the hearing and to request production of evidence pertinent to the hearing. The hearing must be audiotape recorded. The EEO Officer will serve as procedural advisor to the Hearing Board.

1. The Chair of the Hearing Board shall preside over the hearing.

2. The Chair shall open the hearing with a review of the rules of procedure as herein outlined.

3. The grievant or a representative shall present a short opening statement and present any witnesses or documentation relevant to the grievant's position.

4. When the grievant concludes questioning a witness, the respondent may then question the witness. Redirect and recross examination is permissible.

5. The Chair and the members of the Hearing Board may question the witness.

6. The Hearing Board shall expect each party to present any evidence required to prove its grievance or support its defense.

7. The parties or their representatives shall personally conduct the questioning and cross-examination of witnesses.

8. All witnesses shall testify in person.

9. Hearsay evidence shall not be allowed.

10. Copies of any documentation referred to or requested by the Hearing Board shall be provided by the party in possession of said documentation.

11. THIS HEARING IS INFORMAL AND THE STRICT RULES OF EVIDENCE SHALL NOT APPLY, BUT THE RULES OF COURTESY SHALL.

12. When the grievant has completed introducing the testimony and evidence as desired, the respondent(s) shall be given an opportunity to defend their actions, one respondent at a time, using the same procedure as outlined above.

13. When all of the parties have completed the presentation of witnesses and evidence, then the Hearing Board shall allow each party the opportunity to make a brief (10 minutes or less) summation.

14. The appeals hearing shall then be adjourned.

15. A mechanical/electronic record of the hearing shall be made and a transcript will be made if it is ordered by the Chair of the Hearing Board. Any party may request that the transcript be ordered, however the party(s) requesting the transcription will pay the costs of the transcription.

Determination

The Hearing Board deliberations shall be closed and confidential. Alternates shall observe deliberations but shall not actively participate. The EEO Officer may advise the Committee of applicable laws and Federal regulations. The Hearing Board shall make a determination by a majority vote of the Board members. Alternates shall not vote. The determination shall be made within ten working days of the conclusion of the hearing. The Hearing Board chair will forward the written determination and recommendation of the hearing board to the parties involved, the EEO Officer, and the president of the university within ten working days of the decision.

Appeal

Either party has the right to appeal the decision of the Grievance Hearing Board to the President. Notification of this intent should be made to the EEO Officer within three workdays of the Board's decision. The President shall receive the appealed case and will make the final ruling on campus. This decision will be communicated to all interested parties within ten workdays of receipt by the President.

Written Records

1. All written records and/or tapings of the case must be forwarded to the EEO Officer and will become part of the Grievance Procedure system. Files will then be disposed of pursuant to the General Records Retention and Disposition schedule for state agencies as established by the Department of Archives of the Kansas State Historical Society.

2. In sexual harassment cases, corrective action taken by the University, when a faculty member is judged to be at fault, shall depend upon the seriousness of the offense, along with past patterns of related activity. Sanctions shall range from informal oral agreements, to written reprimand, to dismissal in accord with the policies and procedures of the Board of Regents. A copy of the University Appeals Report and the president's decision will be placed in the offender's permanent master file. If the accused is exonerated, however, a chronology of the proceedings and copies of the report and president's decision will be maintained in the exonerated individual's permanent master file for no more than two years (see statute of limitations for filing complaints (180 days) specified by the Equal Employment Opportunity Commission (EEOC) under sexual harassment guidelines, Title VII of the Civil Rights Act of 1964). Access to the proceedings, report, and decision will be governed by University guidelines pertaining to permanent master files. At the end of two years, the exonerated individual will be permitted to remove the sexual harassment case documentation from his/her permanent master file.

Approved by Faculty Senate and President’s Cabinet (05-01-99).

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