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Complaints
against a student brought by a staff member, faculty member, or another student
should be brought to the attention of the Director of Judicial Affairs and Student
Assistance. The procedures for handling
such matters involving students or student organizations are detailed in the
Student Code of Conduct found in the Ram’s Eye View Student Handbook and will
be processed through the student judicial system.
Employees
accused of discrimination have the right to be assisted by their collective
bargaining unit representative at any meeting held to discuss the complaint
with the accused. If an employee elects
to be represented by his or her union, the union will receive copies of all
written notification sent to the accused.
Employees equally have the right not to be represented by their
union. The decision regarding union
representation rests solely with the accused employee. When a formal investigation is to be
conducted against a faculty member, Article 43 of the APSCUF collective
bargaining agreement will also govern.
The
complainant also has the right to be assisted in all aspects of the Complaint
Procedure by an advocate should they desire to do so. Trained faculty and staff are available to
serve to:
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clarify procedural issues,
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assist with the preparation of the complaint,
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make inquiries as to the status of the complaint,
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provide other support-related functions.
The Social
Equity Director will provide a list of available advocates from which one will
be selected by the complainant, if he or she so desires. The role of the Collective Bargaining Unit
representatives and complainant advocates is limited to the advice and counsel
of their principals only.
Discrimination
is a serious matter which can have far-reaching effects; therefore, false or
malicious accusations may result in disciplinary action.
In order to
process either a formal or informal complaint of discrimination, the
individual, accompanied by an advocate if she or he wishes, must process the
complaint through the University’s Social Equity Director. The complainant will provide a written
statement to the Social Equity Director with sufficient factual information to
permit the director to make an initial determination if the University policy
on Affirmative Action - Equal Opportunity may have been violated.
The University has a legal obligation to investigate
informal or anonymous reports of discrimination to the extent feasible. It is
not usually possible to conduct a formal investigation of anonymous reports of
discrimination, however, the University has a responsibility to take action to
stop and prevent the alleged discrimination.
In the event of anonymous reports of discrimination, the Office of
Social Equity will meet with the person alleged to have engaged in
discriminatory conduct to provide notification of the allegations and the
possible repercussions if a formal complaint is brought forward. The Social Equity Office may recommend voluntary
training about discrimination and equal opportunity for an individual or a work
unit.
In order to conduct a formal investigation which may
result in discipline of a University employee, there must be first hand
information by the victim or a witness who is available and willing to be
identified and interviewed by the investigator(s). It may be possible to take a third-party
complaint if the victim of the alleged discrimination is willing to be
identified and interviewed. In determining
whether a third-party complaint should be formally investigated, the following
factors need to be evaluated: (1) is the person filing the complaint
trustworthy so that the facts as presented are reliable; (2) does the complaint
contain the name and contact information for the victim of the alleged
harassment; (3) is there sufficient detail in the complaint to determine
whether the allegations fall within the realm of discrimination; (4) has the
complaint been brought forward in a timely manner.
Complaints
should be filed up to 180 days after the alleged act or behavior. However, it is in the best interest of all to
conduct a timely review of the circumstances of the alleged discrimination
behavior; accordingly, complainants are urged to file complaints as soon as
possible.
In
recognition of the dignity and reputations of all parties, it is the intent of
the University’s employees officially involved in the proceedings or
investigation to preserve the confidentiality of the complaints and all proceedings. Disclosure of the complaint will be limited
to individuals who, in the interest of fairness and problem resolution, have a
need to know. The complainant and the
accused are encouraged to maintain confidentiality consistent with the intent
of the University.
At the
conclusion of the process, written outcomes and resolutions will be disclosed
to the complainant and the accused.
The
Complaint Process
In the
event that a member of the West Chester University Community feels that he or
she has been the subject of discrimination on the basis of race, religion, sex,
national origin, ancestry, age, marital status, sexual orientation, disability
or veteran status which is a violation of the University’s Affirmative Action -
Equal Opportunity Policy Statement, the matter should be brought to the
attention of the Office of Social Equity.
The Social
Equity Director will be responsible for making an initial determination as to
whether the allegations may represent a violation of the University’s Affirmative
Action - Equal Opportunity Policy. If
the Social Equity Director determines that the allegations do not constitute
discrimination, the complainant will be so advised and he/she will be advised
of any other recourse that might be appropriate. The Social Equity Director has the right to
refer the case to other appropriate officials if it appears there may be
violations of University policies other than the Affirmative Action - Equal
Opportunity Policy. If the Social Equity
Director determines that allegations may constitute discrimination, the
complainant may choose to follow either the formal or informal process outlined
below.
The
Informal Process
The
informal process, which will not result in disciplinary proceedings, includes
efforts to mediate a resolution upon which both the complainant and the
individual accused can agree.
The
complainant initiates the informal procedure by filing a written complaint with
the Social Equity Office. After
reviewing the complaint and making an initial determination that the
allegations may represent a violation of the University’s Affirmative Action -
Equal Opportunity Policy, the Social Equity Director will contact the accused
to arrange a meeting to inform the individual of the complaint and to inform
him or her of the process. If the
complainant is a student enrolled at the time in the class of the accused, he
or she may request that notification and mediation be delayed until after the
completion of the semester.
Upon
receipt of the complaint and notification to the accused of the allegations and
the complainant’s desire for mediation, and the accused’s concurrence to the
informal process, the Social Equity Director may facilitate a resolution or
appoint a mediator(s) and notify the parties of the mediator(s) identity. Mediation occurs by mutual consent,
therefore, at any stage of the mediation process either party has the
opportunity to withdraw from the process.
The
mediator(s) will serve as the facilitator(s) to seek resolution. Information regarding the circumstances and
perceptions of the complainant will be shared by the mediator with the accused
and the accused will have an opportunity to respond. Depending upon the circumstances of the
complaint and/or the willingness of the complainant to meet with the accused,
the mediation may be conducted by separate discussions with the accused and the
complainant or by meetings in which both parties are present. At the conclusion of the mediation, the
mediator(s) will provide a written statement of the resolution agreed to by
both parties to the Social Equity Director.
The Social Equity Director will send a written summary of the outcome to
the parties.
If either
party chooses to withdraw from the mediation process at any time, or if the
complainant is not satisfied with the outcome of the informal process, the
complainant may choose to go forward with the University’s formal complaint
procedures or may pursue the matter through external agencies.
If the
Social Equity Director makes a determination that there is a need for a formal
investigation, the formal process may be initiated on behalf of the
University. All written summaries of the
informal complaint process will be maintained by the Social Equity Office for a
period of 5 years. No written record
will be forwarded to the official personnel file.
The
Formal Process
Formal
procedures, which may result in a disciplinary proceeding, include an
investigation and review process. The
investigatory procedure is not intended to interfere with any legal rights an
employee or student has under the statutes and other laws of the
Commonwealth
of Pennsylvania
or the government of the
United
States of America,
or an employee’s collective bargaining agreement.
The
complainant initiates the formal process by filing a formal written complaint
with the Social Equity Director. The
Social Equity Director, after reviewing the complaint and making an initial
determination that the allegations may represent a violation of the
University’s Affirmative Action - Equal Opportunity Policy, will inform the
accused of the allegations and provide the accused with a copy of the written
complaint. The Social Equity Director
will meet with the accused to review the complaint and to advise the accused of
the formal procedures and his or her rights to union representation.
The Social
Equity Director will provide an opportunity to meet with the accused in a
timely manner to review the formal complaint and the University’s non-discrimination policy.
The employee may choose to be accompanied by a union representative at
this meeting.
After
accepting a written formal complaint, the Social Equity Director will appoint a
fact finder. When appropriate, as
determined by the Social Equity Director, two fact finders may be assigned to a
case. The Social Equity Director will
notify the parties of the fact finders’ identities. In addition, the appropriate manager,
supervisor and/or chairperson will be advised.
Fact finders are specially trained and impartial faculty or staff
member. The fact finders’ role is to
investigate the complaint and to make findings of fact pertaining to the
complaint. The investigation may
include, but is not limited to accessing records and interviewing the
complainant, accused and others who may have relevant information. The fact finders have sole discretion to
determine the scope and format of the investigation.
The fact finders
will submit a report of their findings to the Social Equity Director. The Social Equity Director will then convene
the Review Panel. This Panel, consisting
of three individuals selected by the Social Equity Director from the pool of
specifically trained and impartial faculty or staff members, will serve as consultants
to the Social Equity Director in formulating an opinion as to whether
reasonable cause exists to believe that a violation of the University’s
Affirmative Action – Equal Opportunity Policy has occurred. In consultation with the Review Panel, the
Social Equity Director will formulate an opinion as to whether there has been a
violation of the University’s Affirmative Action - Equal Opportunity Policy
which prohibits discrimination.
If it is the
opinion of the Social Equity Director that there is not enough evidence to
warrant a finding of discriminatory conduct, the complainant and the accused
will be so notified by the Social Equity Director and the case will be
closed. The Social Equity Director,
however, maintains the right to refer the case to other appropriate University
officials if it appears that there may be violations of University’s Misconduct
Policy or other University policies that do not constitute discrimination.
If it is the
opinion of the Social Equity Director that there is reasonable cause to believe
that the University’s Affirmative Action-Equal Opportunity Policy has been
violated, the Social Equity Director will forward the fact-finders’ report ,
the Review Panel’s recommendations and the Social Equity Director’s opinion to
the appropriate manager. Copies of these
documents will also be provided to the accused.
The manager
will utilize the existing University pre-disciplinary conference procedures
ensuring that the accused employee has the opportunity to be represented, if so
desired, by his or her union representative during the pre-disciplinary
conference. At the pre-disciplinary the
accused will have an opportunity to rebut the findings of the fact finders’
report, the recommendations of the review panel, and the opinion of the Social
Equity Director. After completing the pre-disciplinary conference, the manager
in consultation with the Associate Vice President for Human Resource Services
and other University officials, as needed, will determine if discipline is
appropriate and what level of discipline should be imposed. Possible disciplinary actions for violation
of the University’s Affirmative Action – EEO Policy include oral or written
reprimand, suspension, or termination of employment. The manager is not bound
by the opinion of the Social Equity Director and reserves the right to make his
or her own final determination.
Disciplined
employees will have the right to appeal and/or grieve management’s decision to
the extent provided in the appropriate policy and/or collective bargaining
agreement.
The
complainant will receive written notification of the final disposition of the
complaint. If the complainant finds the
resolution or disciplinary action unsatisfactory he or she may pursue the
complaint with the appropriate external agencies.
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