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| Policy and Procedure Manual | |
| Section 216 - Harassment Complaint Procedure | |
| Purpose | |
| To provide a complaint procedure for employees who believe they have been victims of sexual harassment as defined in NDSCS Policy, Section 201. | |
| Policy | |
| It is the policy of NDSCS that all complaints of sexual harassment will be reviewed. 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 this procedure established by negotiation. Any individual or group filing is entitled to protection from harassment, reprisals or retaliation as a result of having filed a complaint. Any violation of this protection may, in itself, constitute grounds for a grievance. No hardship, no loss of benefit and no penalty may be imposed on an employee as punishment for filing or responding to a bona fide complaint of sexual harassment. | |
| Responsibilities | |
| When a department head, director, supervisor or manager know that harassment or retaliation is occurring, or receives information that harassment or retaliation might be occurring, he or she must take immediate action to address the problem. Such action should include, but is not limited to, speaking directly with the injured person, developing a specific account of the actions, omissions or occurrences that are alleged to the discriminatory, consultation with the Human Resource Director, and corrective or disciplinary action. | |
| Guidelines | |
| 1. A person who feels harassed or retaliated against shall be entitled to a review of the complaint. An informal review may be initiated by a written request to an administrator responsible for the area concerned or the Human Resources Director or designee. Unless the Human Resources Director stipulates otherwise, this request must be made within six months of the alleged violation. | |
| 2. A Formal review may be initiated by contacting the Director of Human Resources or designee. This report can be oral or written, but a written and signed statement of the complaint must be submitted by the complaintant within seven working days of the initial report before an investigation can proceed. The written complaint must include the following: | |
| • Specific act or circumstances that are the basis of the complaint, including the time and place of the alleged action; and • The remedy or action requested. |
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| Unless the Director of Human Resources or designee states otherwise, the report must be made within six months of the alleged violation. | |
| 3. Upon receipt of the written complaint, the Human Resources Director or designee will contact the person who allegedly initiated the sexual harassment, and inform the person of the basis of the complaint and the opportunity to respond within seven working days to the complaint in writing. | |
| 4. Upon receipt of the written response, the Human Resources Director or designee, after conducting a thorough investigation, including possible interviews with all parties involved, will: | |
| a. determine the facts relevant to the complaint; b. discuss the application of equal opportunity laws, regulations and policies; c. attempt to resolve the complaint through further discussion and negotiation and, if that is unsuccessful; d. refer the case to the Staff Personnel board (see appeal procedures) or to another duly constituted College hearing committee such as the Grade Appeals Board or a Faculty Special Review Committee. |
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| 5. If it is determined that sexual harassment or retaliation has occurred, appropriate disciplinary action up to and including termination will be taken. The severity of the discipline will be determined by the severity and frequency of the offense, or other conditions surrounding the incident. | |
| 6. A person's failure to file a written complaint within seven working days of the verbal report will be considered a withdrawal of the report. If the person whom the complaint of sexual harassment is filed fails to respond to the complaint within seven working days of notification, the complaint will be taken as true, and the appropriate disciplinary measure will be taken if circumstances warrant. | |
| History: Updated March, 2001 | |
