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| Policy and Procedure Manual | |
| Section 215 - Equal Opportunity Grievance Procedures | |
| Source: NDSCS President | |
| 1. Introduction | |
| 1.1 The purpose of these grievance procedures is to provide a fair and orderly system for review of alleged violations, at North Dakota State College of Science, of equal opportunity laws, regulations, and policies that prohibit discrimination based on race, color, religion, national origin, sex handicap or age. These procedures have been approved by the College President. | |
| 1.2 All notices and actions provided for in this policy shall be initiated and completed in a reasonable and timely manner, with due regard for the legitimate interests of the parties, and subject to the right of any party to have a deadline for any phase of the grievance procedure established by negotiation as provided in Step 2. Any individual or group filing a grievance under this procedure is entitled to protection from harassment, reprisals or retaliation as a result of having filed. Any violation of the protection may, in itself, constitute grounds for a grievance. | |
| 2. Step 1 - Administrative Review of Complaint | |
| 2.1 Any student, employee of the college, or any group of such persons who feels affected by an apparent violation of equal opportunity laws, regulations, or policies shall be entitled to an administrative review of the complaint. | |
| 2.1.1 The review may be initiated by a written request to an administrator responsible for the area concerned or the College's Human Resources Director. Unless the Human Resources Director stipulates otherwise, this request must be made within six months of the alleged violation. | |
| 2.1.2 The review shall include (1) an administrative inquiry into the facts of the case, (2) a discussion of the case by the administrator with the complainant, (3) a discussion of the case by the administrator with the party whose action is the subject of the complaint, and (4) a discussion of the case by the administrator with the Director of Human Resources, (5) a conclusion by the administrator regarding whether or not the case involves a violation of equal opportunity rights, (6) a written communication of that conclusion to the complainant and the party whose action is the subject of the complaint, and (7) an attempt to achieve a mutually acceptable resolution of the complaint. | |
| 2.1.3 As an alternative to this review, a complainant may, of course, pursue any channel of review under another NDSCS policy (such as the Grade Appeals Board policy, the personnel grievance procedure policy, or the regulations on academic freedom, tenure and due process). | |
| 3. Step 2 - Negotiation | |
| 3.1 If a complaint is unresolved after Step 1, either the complainant or the responsible administrator may make a written request to the College's Director of Human Resources for negotiation of the case by a representative of the complainant, a representative of the party whose action is the subject of complaint, and the Director of Equal Opportunity. | |
| 3.1.1 The negotiators' responsibilities shall be to (1) determine the facts relevant to the complaint, (2) discuss the application of equal opportunity laws, regulations and policies, (3) attempt to resolve the complaint through further discussion and negotiation and, if that is unsuccessful, (4) refer the case to the hearing committee below or to another duly constituted College hearing committee such as the Grade Appeals Board or a Faculty Special Review Committee. | |
| 4. Step 3 - Hearing Committee | |
| 4.1 Upon referral from the negotiators', a complaint shall be heard by a eight member ad hoc Equal Opportunity Hearing Committee. The negotiators shall designate the chair. The hearing committee will be selected at large from the campus community and be composed of : | |
| • 2 NDSCS faculty members appointed by the Faculty Senate President • 2 NDSCS classified employees appointed by Classified Senate President • 2 NDSCS students appointed by the Student Senate President. • 2 NDSCS administrators appointed by the President. |
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| At least two members of the hearing committee shall be women and at least one member of the hearing committee shall be a minority. Hearing committee members will serve two year terms. If for any reason, a hearing committee must resign, his or her position will be filled by a person selected at large from the campus community as designated above. | |
| 4.2 An Equal Opportunity hearing committee shall conduct its hearing in accordance with the following requirements: | |
| 4.2.1 Any complaint requesting a hearing must file a written statement with the hearing committee indicating the grounds upon which a violation of equal opportunity is alleged to exist. Upon receipt of each statement of the committee chairperson shall schedule a date for an initial hearing. | |
| 4.2.2 The committee shall attempt to schedule hearing sessions only when all of its members are able to be present. If the committee decides, however, that the parties interests are best served by scheduling a session even when one or more of the committee members are not able to be present, then the absent members shall be responsible for reviewing the tape recordings of that session to familiarize themselves with the evidence presented at that time. | |
| 4.2.3 Attendance at any hearing shall be limited to the committee members, the parties, and their attorneys or other representatives unless the committee shall offer an express initiation for a particular hearing or session to the public or representatives of the press. | |
| 4.2.4 The committee chairperson shall preside at all sessions, and any party or representative wishing to present evidence, examine witnesses, summarize evidence, or present arguments shall do so only with the consent of the chairperson. The committee shall tape record sessions at which testimony is heard and shall allow controlled access to the tape for review or transcription by any party directly involved in the proceedings. The committee shall: also keep summary minutes of its proceedings. | |
| 4.2.5 At the beginning of hearing, the committee shall provide an opportunity for opening statements to be made, first by the complainant, then by the party defending the action in question. The committee shall then rely upon the opposing parties to call the necessary witnesses and present relevant evidence. The committee shall reserve the right, however, to call its own witnesses and to act in an investigative capacity itself, should the need arise. | |
| 4.2.6 The committee shall consider both oral testimony and written evidence. Upon receipt of any written statement or evidence provided by any party to the committee, the committee shall promptly provide the other party with a copy of such material. Any person offering testimony before the committee shall be subject to questioning by the committee members or either party with specific consent of the committee chairperson. The committee shall reserve the right to exclude redundant evidence as determined by committee vote. The committee shall exercise the limit of its authority to secure the testimony of essential witnesses or other relevant evidence. At the conclusion of a hearing, the committee shall provide an opportunity for either party to submit a written summary of its position. | |
| 4.2.7 The committee shall vote by secret ballot, and the committee chairperson shall vote on all questions. In order for the committee to find a violation of equal opportunity the complainant must show by the greater weight of the evidence that such a violation did in fact occur. The vote required for committee action will be a simple majority of total number of votes eligible to be cast. Without disclosing actual tallies, all voting results and any recommendations of the committee shall be promptly made available in wiring to all of the parties involved in the case and the College President. If the committee has found an equal opportunity violation, the President shall be responsible for determining an appropriate administrative response. | |
| History: July 1998 | |
