Complaint Procedure for Human Rights Violations
The College of Saint Benedict and
The Order of Saint Benedict, Collegeville
I. Policy Statement
It is the policy of the College of Saint Benedict and the Order of Saint Benedict, Collegeville, hereinafter "College" and, hereinafter "Order" to investigate and promptly seek the timely and equitable resolution of complaints of discrimination relating to race, creed, religion, color, national origin/ethnicity, sex, sexual orientation, age, marital status, status with regard to public assistance or disability.
The Joint Complaint Procedure for Human Rights Violations shall be the exclusive process for handling Human Rights Complaints with the exception of those complaints falling under the definition of the Joint Complaint Procedure for Sexual Assault Violations Involving Students, in which the student is the Respondent. Except as noted below, the procedure shall be available to all members of the institutional communities whether acting as an individual or as a group. For the purposes of this procedure the term "Complainant" shall refer to the person(s) who alleges his or her human rights have been violated and the term "Respondent" shall refer to the person(s) alleged to have violated another's human rights.
This procedure is designed to obtain resolution of complaints at the least formal stage possible. Complaints will typically be processed through a consultive stage, followed by an informal stage, and finally a formal stage if resolution is not achieved at a lower level. Members of the institutional communities who believe their human rights have been violated are encouraged to discuss the situation and to seek advice from the Human Rights Officer and/or any of the following: a supervisor, an administrator, a faculty member, a department chair, a residence director or faculty resident and/or Director of Human Resources.
An individual seeking resolution of an alleged human rights violation is encouraged to pursue resolution of such allegations through the Human Rights Officer as soon as possible following the occurrence of the most recent alleged incident. After consulting with the Human Rights Officer, a Complainant may or may not choose to proceed with a complaint under this Joint Complaint Procedure.
The Human Rights Officer(s) shall be responsible for the implementation of this Procedure and in performing that responsibility shall function as a neutral party.
The following procedures are designed to obtain resolution of complaints at the least formal stage. Persons utilizing the procedures set forth below are encouraged to follow the procedural stages progressively. However, at the sole discretion of the Human Rights Officer(s), the Consultive Stage or the Informal Complaint Stage may be omitted. If the Consultive or Informal Complaint Stages are omitted, the Human Rights Officer will provide a written statement to each of the parties outlining the reason(s) for the decision.
The institutions will respond to complaints in a manner that demonstrates fairness to all parties and the provisions of the applicable Joint Human Rights Policies and Procedures will be followed as faithfully as possible. The institutions further recognize that each case is unique in its presentation and requires that the institutions reserve some flexibility in responding to the particular circumstances of each case. Substantive deviations from these procedures will not be made without the consent of all parties to the complaint procedure.
The resolution of complaints will be accomplished as expeditiously as possible. To that end, this Procedure recommends time frames for administrative action. Every attempt will be made to satisfy the requirements of these time frames. When the Procedure indicates that an action will be completed within a specified period of days, "days" means regular business/school days. Adjustments to the time frames will be made to accommodate school breaks, holidays, serious illness or other similarly pressing circumstances that require moderate deviations from specified time lines. In addition, time lines may be altered by the mutual consent of all parties involved in the complaint procedure, provided that the new time lines are agreed upon.
All incidents or complaints involving students, staff of faculty members, when brought while the Complainant is engaged in an International Studies Program, shall be referred to the appropriate Program Director and then to the Dean for resolution in accordance with the terms of the Joint Human Rights Policy or the Joint Sexual Assault Policy. These procedures will be modified accordingly when it is necessary to resolve the complaint prior to the completion of the International Studies Program.
A. Consultive Stage
Members of the institutional communities who believe their human rights have been violated are encouraged to discuss the situation and to seek advice from a Human Rights Officer, or any of the following: a supervisor, administrator, faculty member, department chair, resident director or faculty director, and/or the Director of Human Resources. Advice concerning the filing of human rights complaints and the procedures to be followed for processing human rights complaints should be directed to a Human Rights Officer. Any member of the community who is contacted by a person concerning a complaint that may involve the person's human rights is strongly encouraged to contact a Human Rights Officer immediately. An individual who seeks resolution of an alleged human rights violation is encouraged to pursue resolution of such allegations through a Human Rights Officer as soon as possible following the occurrence of the most recent alleged incident. After consulting with the Human Rights Officer a Complainant may or may not choose to proceed with a complaint under this Joint Complaint Procedure. When necessary, the institution may proceed with a complaint, acting as the Complainant in order to remain consistent with the institution’s legal obligations and to assure compliance with their Joint Human Rights Policies and Procedures and the safety and well-being of all community members.
During the Consultive Stage, the emphasis is on support and empowerment of individuals to attempt to resolve the situation themselves. Those who do not wish to handle the situation in this manner, or who have done so and failed to achieve a satisfactory result, including, but not limited to, the failure of a party to abide by the agreed upon resolution, may move to the next stage of the Procedure by filing an informal complaint.
B. Informal Complaint Stage
The Informal Complaint process is designed to involve the use of third-party mediation in an attempt to arrive at an agreeable resolution between the parties. The Human Rights Officer or her/his designee will typically serve as the third-party mediator.
The Informal Complaint process will be initiated by the completion and submission of a written Complaint Form (provided by the Human Rights Officer). A complaint should be stated in sufficient detail to apprise those reading the complaint of the approximate time, place and nature of the alleged incident. Upon completion of the complaint, the Human Rights Officer or her/his designee will inform the Respondent of the nature of the complaint.
As part of the Informal Complaint procedure, the CSB Security Department of SJU Life Safety Department will conduct an investigation of the incident and prepare an investigation report. During this stage the need to maintain confidentiality remains intact and the parties will be expected to adhere to the principles of confidentiality set forth in the Joint Human Rights Policy. Each party may have a student, faculty, administrator or staff member of their own choosing from one of the communities accompany him/her as an advisor to all meetings with the Human Rights Officer or other third party mediator.
Upon receipt of the investigation report, the Human Rights Officer will summarize the investigation, report the findings, and determine whether the complaint appears to involve a possible violation of the Joint Human Rights Policies.
If a determination is made that the complaint does not involve a possible violation of the Joint Human Rights Policies, the parties will be notified of that determination and the Complainant will be informed of other more appropriate procedures for resolving the complaint.
If a determination is made that the complaint likely involves a human rights issue, the parties will be notified of that determination.
During the complaint process it may be desirable to protect the identity of the Complainant. The decision to protect or disclose the identity of the Complainant will be made after the Human Rights Officer reviews the allegations and determines that protection of the Complainant's identity would enhance resolution of the case. Complete anonymity of a Complainant is difficult to maintain. There can be no guarantee that the identity of a Complainant will not become known to the Respondent or others. As a third party mediator, the Human Rights Officer will meet with each party separately to identify possible grounds upon which a mutually acceptable resolution can be obtained. If the parties agree and the Human Rights Officer believes it will enhance the possibility of resolution, a joint meeting between the parties may occur. The process shall continue until a resolution is achieved or until the Human Rights Officer or a party to the complaint determines that further attempts at mediation will not be successful. In no event shall the mediation process extend beyond thirty (30) days from the submission of the complaint without the consent of all parties.
If a complaint has not been, or in the opinion of the Human Rights Officer cannot be, resolved at the Consultive Stage or through the Informal Complaint Stage or if a resolution reached at either the Consultive or Informal Complaint Stage has not been fulfilled within the time lines set forth in the resolution, the Complainant may proceed to the Formal Complaint Stage.
C. Formal Complaint Stage
The following constitutes the steps that make up the Formal Complaint process. All Formal Complaints will be heard and determined by an ad hoc Hearing Committee appointed as described below. If at any time during the process a party does not reply or otherwise will not participate, the Human Rights Officer may move the process to the next step, dismiss the complaint, or take whatever other steps may be necessary to ensure the integrity of the process. Silence in response to an allegation on the part of the Respondent will not be viewed as an admission of the allegation, but may leave the Complainant’s allegations undisputed.
At any time during this stage the Complainant has the right to withdraw the complaint. Such withdrawal must be in writing. Usually this will bring the formal complaint procedure to an end, but where necessary, the Human Rights Officer may elect to substitute the institution(s) as the Complainant. If during the course of the proceedings under this stage the Respondent either withdraws, resigns, or is dismissed from the institution at which he or she is enrolled or employed, the Human Rights Officer may terminate the complaint process.
The steps of the formal complaint process are as follows:
Step 1. Request for Formal Procedure
The Complainant shall indicate in writing, on a Request for Formal Procedure Form (provided by the Human Rights Officer), his or her intent to proceed to the Formal Complaint Stage. The Request Form shall include a space for a statement concerning what the Complainant has done to informally resolve the complaint or, if applicable, a brief explanation as to why informal resolution is not appropriate.
Step 2. Time for Filing
The Request Form shall be submitted with the Human Rights Officer within fifteen (15) days following the completion of the informal complaint stage or, in the event the informal complaint stage is not utilized, within a reasonable period of time following the occurrence of the last alleged incident. If a complaint is brought forward more than one (1) calendar year after an alleged incident, the institution, in its discretion, may consider the complaint under this process.
Step 3. Service of the Complaint and Other Documents
Within five (5) days following the submission of the Request for Formal Procedure Form or if the Consultive and/or Informal Complaint stages have been omitted, the filing of the complaint, the Human Rights Officer shall provide a copy of the complaint to the Respondent by personal service or by mailing a copy of the same by certified mail.
If delivery is made by mail, the date the envelope is certified as having been deposited in the United States mail, postage prepaid, shall be the date of delivery.
The date of submission of the complaint with the Human Rights Officer, the date of delivery of the complaint on the Respondent and the date of the Respondent's response shall be recorded by the Human Rights Officer on the face of the original complaint.
Step 4. Response
The Respondent shall have ten (10) business days following the delivery of the complaint in which to file a written response with the Human Rights Officer. Within five (5) days of the receipt of the response the Human Rights Officer shall deliver a copy of the response to the Complainant either personally or by certified mail. (Delivery shall be made in accordance with Step 3.)
Step 5. Investigation of the Complaint
If not already completed at an earlier stage, within ten (10) days following the submission of the Respondent's response, the Security Director shall conduct an investigation and provide an investigative report to the Human Rights Officer. The Human Rights Officer(s) will determine whether the complaint involves the potential violation of the Joint Human Rights Policies. If a determination is made that the complaint does not involve a potential violation of the Human Rights Policies the parties will be notified of that determination and the Complainant will be informed of other known procedures more appropriate for resolving the complaint. If the complaint goes forward, copies of the investigative report prepared by the Security Director shall be provided to the parties and the ad hoc Hearing Committee.
Step 6. Formation of an Ad Hoc Hearing Committee
a. Selection of Committee Members.
An ad hoc Hearing Committee will be appointed on a case-by-case basis and its members will ordinarily be selected from the Human Rights Hearing Panel established pursuant to section D., below. The Committee will consist of five members with the Complainant and the Respondent each selecting two panel members to serve on the Committee. However, in the event there is more than one Complainant or Respondent, Committee members shall be selected by the Complainants as a group and by the Respondents as a group with each group selecting two panel members to serve on the Committee. Such selections shall be made separately by the Complainants' group and the Respondents' group using whatever selection process is mutually agreeable to the members of the group. Upon request, the Human Rights Officer will assist each group in agreeing upon a selection process.
In a hearing involving the Prepatory School, the hearing panel will include students as hearing committee members only in student-to-student cases.
Each party may select panel members from any representative group making up the panel. However, a party is not entitled to be represented by a panel member from any particular representative group when, for any reason, there is not a sufficient number of qualified panel members from the representative group available to be selected.
During any hearing or meetings conducted under the formal complaint stage, the Human Rights Officer will be in attendance as a non-voting, advisory member of the Committee.
b. Appointment of a Chair.
A chair of the ad hoc Hearing Committee shall be appointed by mutual agreement of the committee members. The appointment shall go to a panel member who is serving on the panel from the Complainant's community; provided, however, that the Chair may not come from the same representative group as the Complainant. In the event the committee members are unable to mutually agree upon the appointment of a Chair, the appropriate division head of the Complainant's division or the President of the College shall appoint the Chair.
c. Qualifications to serve as a Member of the ad hoc Hearing Committee.
To be eligible for selection and to be qualified to serve on the ad hoc Hearing Committee, a panel member must:
1. Be a current member of the Human Rights Hearing Panel;
2. Have received the required training from the Human Rights Officer; and
3. Be free from any real or potential conflicts of interest which would prevent the panel member from serving in a fair and impartial manner.
All disputes as to the qualifications of a Panel member to serve on an ad hoc Hearing Committee shall be resolved by the Human Rights Officer.
Step 7. Standard of Proof/Burden of Proof
The ad hoc Hearing Committee shall apply a reasonable person in the position of the Complainant standard in determining whether the alleged acts constitute a violation of the Joint Human Rights Policy or the Joint Sexual Assault Policy. The burden of proving that there has been a violation of the Joint Human Rights Policy or the Joint Sexual Assault Policy remains with the Complainant. A Complainant satisfies her/his burden of proof by showing it is more likely than not that a violation occurred.
Step 8. Pre-Hearing Procedure
a. Information Requests.
A party may request in writing from any other party, the Order or the College non-privileged documentary or other information that is relevant to the determination of the complaint. Responses to such requests for information shall be made within ten (10) days of receiving the request. Once the hearing is closed, no further requests for information will be honored except pursuant to a valid subpoena. In lieu of providing copies of the requested information, a party, the Order or the College may respond by making the requested information available to the requesting party for review and copying. Any disputes regarding information requests, including, but not limited to, a dispute over whether a document or other information requested by a party is relevant or that it is subject to a recognized privilege, shall be directed to the ad hoc Hearing Committee for resolution.
b. Right to Prepare.
Within the established perimeters of confidentiality, as defined in the Joint Human Rights Policy, a party has the right to adequately prepare his or her case. Such preparation includes the right to discuss the case with their potential witnesses, and with advisors or consultants. Such advisors specifically include friends and colleagues whose judgment the party respects and whom the party believes can contribute information or a perspective that is reasonably necessary to the preparation of the case. The right to adequately prepare does not extend to the discussion of the case in the media or any public forum, or to attempts to influence or generate public opinion or to garner public support; it likewise does not extend to casual conversations about the case. If a party is unclear whether a proposed contact is prohibited, the party should seek clarification and prior approval from the Human Rights Officer(s). If approval is withheld by the Human Rights Officer(s), she/he shall provide a written explanation of the reasons for their decision.
c. Clarification of Issues.
The ad hoc Hearing Committee shall request the parties to appear prior to the time set for the formal hearing to:
1. Clarify and/or narrow the issues,
2. Agree on facts about which there is no substantial dispute,
3. Disclose the number and names of witnesses they intend to call,
4. Determine whether there may be time problems because of other commitments,
5. Agree upon the hours and day(s) for the hearing,
6. Discuss the procedures and rules which will be employed during the hearing, and
7. Verify that all reasonable settlement possibilities have been exhausted.
d. Confirmation of Hearing Date.
Confirmation of the hearing date, time and place shall be given by the Human Rights Officer to each party and their witnesses, at least five (5) days prior to the hearing. Confirmation may be given personally or by certified mail.
Step 9. Hearing
a. Hearings Closed; Time for Completion.
Hearings of the ad hoc Hearing Committee are open only to individuals invited by the Committee. Once commenced, the hearings should proceed without undue delay and normally should be completed within 15 business days.
Once a hearing is scheduled, neither party may unilaterally postpone or delay the hearing. For good cause shown by a party, such as the illness of a critical witness, the Chair may grant a short postponement if the same will not create unfairness to the non-requesting party.
c. Waiver of Hearing; Presentation by Stipulation and Written Position Papers.
For reasons of economy of time and resources and to expedite the process, the parties may agree to present the complaint to the ad hoc Hearing Committee through:
1. Written statements of agreed facts and documents,
2. Opening position papers,
3. Rebuttal/responsive position papers, and
4. Closing position papers.
With the assistance of the Chair, the parties will agree on a schedule for submission of the statement of agreed facts and documents and position papers as a part of their agreement to waive a formal hearing. The decision of the ad hoc Hearing Committee will have the same force and effect as a decision rendered following a formal hearing.
d. Record of the Proceedings.
A written and accurate, but not necessarily verbatim, record of all hearings and meetings shall be kept. The ad hoc Hearing Committee may appoint a secretary to prepare such a record. The Human Rights Officer shall tape record the hearings. Copies of the audio tapes may be reviewed by the parties in a manner prescribed by the chair of the committee by making a request of the Human Rights Officer at the conclusion of the hearing.
e. Right to an Advisor.
A party involved in any meeting or hearing under this process has the right to an advisor. The advisor must be a student, faculty member, staff member or administrator from one of these communities. The role of the advisor is to advise and assist the party during the course of a complaint proceeding. The advisor may accompany the party to all meetings relating to the proceedings. The advisor may not appear in lieu of the party, or speak on behalf of the party.
During a hearing, the advisor has no right to address the committee, or to make any presentation, oral or written, to the committee. An advisor may confer with the party during the hearing, but may not interrupt or otherwise unreasonably delay the proceedings of the Committee.
Violations of confidentiality or other forms of interference and/or noncompliance by an advisor may result in the disqualification of the advisor. In such cases the individual may, at the discretion of the Committee, be required to proceed without the privilege of having an advisor.
f. Witnesses Participation; Questioning; Truthfulness.
1. Witnesses named by a party will be strongly encouraged to participate in the proceedings. In the event a witness cannot appear before the ad hoc Hearing Committee, the Committee will request that the witness either make a written statement of testimony or tape record privately a statement of testimony in the presence of the Committee or the Chair.
2. All parties and the Committee shall have the right to question all non-party witnesses who appear at the hearing. The Committee shall determine the extent to which the parties to the dispute may question each other and each other's witnesses and may set reasonable limitations as to the scope and extent of such questioning.
3. The ad hoc Hearing Committee may limit the number of witnesses, provided that the number is fairly divided between the parties. All parties will assume that witnesses will testify truthfully and such assumption will be stated to each witness prior to her/his testimony.
g. Order of the Hearing.
In the absence of an agreement between the parties, the Complainant will make her/his factual presentation followed by the presentation of the Respondent.
1. In most cases the Complainant will begin with an introductory statement. The Respondent may follow the Complainant's introductory statement with a statement of her/his own or reserve her/his introductory statement until the Complainant has finished her/his case. The introductory statements may include a statement of the salient facts and a reference to the remedy sought.
2. The parties will each present their case through witnesses and/or the introduction of documents and other exhibits. To the extent possible, documents and other exhibits should be introduced through the use of witnesses who have first-hand knowledge about the document or exhibit.
3. Once all witnesses have been questioned and all documents and other exhibits introduced, the parties will conclude the Hearing by making final statements. In the absence of an agreement between the parties, the Respondent shall make her/his final statement first followed by the Complainant. With the consent of the Committee, the parties may submit their final statements in writing. In such case no oral final statement will be permitted.
h. Failure/Refusal to Supply Requested Information;
If any party, the Order or the College refuses to produce information or answer questions after being requested to do so by the ad hoc Hearing Committee, the Committee shall determine an appropriate remedy to be granted to the requesting party. Such a remedy may include, but is not limited to; a finding that the requested information, if it had been disclosed, would have been of the nature and/or substance suggested by the requesting party.
i. Ad Hoc Hearing Committee Report.
The report of the Committee will take the form of findings of fact, conclusions and a recommended resolution. The Committee report must be supported by not less than a majority vote of the Committee. The Chair of the ad hoc Hearing Committee will provide a copy of the decision to the parties, the Human Rights Officer, the party's immediate supervisor as defined by handbook or contract (the divisional dean for faculty members), the appropriate vice presidential level position, and the division head. Any Committee member who disagrees with the decision of the majority may prepare a minority report in the form of findings of fact, conclusions, and recommended resolution, which shall be provided with the copy of the Committee's majority report.
j. Recommendation of Discipline.
As part of the recommended resolution, the Committee may recommend that disciplinary action be imposed. Given the possible disciplinary responses set forth in the applicable handbook(s) governing the conduct of the parties, the ad hoc Hearing Committee shall suggest the range of disciplinary responses, if any, within which it recommends discipline, be imposed. Such a recommendation shall be advisory only. In cases where the recommended discipline is termination or suspension without pay (for employees), or expulsion (for students), the Committee must make its recommendation by not less than a majority plus one vote of the committee.
At any time following the initiation of a complaint, the appropriate vice presidential level officer, or her/his designee, of the institution of a party to a complaint proceeding, may impose various conditions or behavioral requirements on a party, pending resolution of the complaint proceeding.
Those person(s) designated by the applicable handbook(s) as having responsibility for determining discipline, in consultation with the party's immediate supervisor as defined by handbook or contract (the divisional dean for faculty members), shall choose the discipline to be imposed, taking into account both mitigating and aggravating factors including such things as the party's prior record, the likelihood the discipline will serve to have a positive impact on the party and/or deter future violations.
k. Retention of Documents.
All documents submitted to the Committee for consideration in the hearing process, together with all records, reports and recommendations generated in the process of an ad hoc committee hearing, will be maintained in the files of the Human Rights Officer following the conclusion of the complaint proceeding for at least seven years following termination of an employee, or the graduation or withdrawal of a student.
Step 10. Appeal
A party may appeal only upon the grounds that the ad hoc Hearing Committee failed to follow the procedures set forth in this Complaint Procedure. A party who wishes to appeal shall submit a written statement of appeal with ten (10) days of the ad hoc Hearing Committee’s decision.
An appeal should not be requested frivolously. An appeal is not a re-hearing; rather, it represents a procedural safeguard for the parties. In an appeal the appealing party must show that it is more likely than not that the grounds for the appeal have merit.
The appeal shall be directed to the appropriate vice presidential level position for either one of the four divisions of the Order or for the College. They are:
ORDER OF SAINT BENEDICT, COLLEGEVILLE
Saint John's University
Dean of the School of Theology
Vice President of Administrative Services
Vice President of Enrollment Management/Dean of Admissions
Vice President of Institutional Advancement
Vice President of Student Development
Director of HMML
Saint John's Prep
Dean of Students
Finance and Operations Manager
COLLEGE OF SAINT BENEDICT
Vice President for Enrollment Management/Dean of Admissions
Chief Financial Officer
Vice President for Institutional Advancement
Vice President of Student Development
The appropriate vice presidential level position shall review the records of the Human Rights Officer and the record of the hearing of the ad hoc Hearing Committee. These records shall serve as the sole basis upon which the appeal is conducted. If upon review, it is determined the Complaint Procedure was not followed and that such failure was substantial (i.e. likely to have affected the outcome) the case will be returned to the ad hoc Hearing Committee with specific instructions to re-conduct all or a portion of the Complaint Proceeding . If it is determined there was not a substantial failure to follow the Complaint Procedure, the appeal shall be denied and the ad hoc Hearing Committee's decision shall become final.
The appeal panel will render a decision and notify the parties to the complaint in writing of the decision and rationale within ten (10) business days of the filing of the appeal. The appeal decision will be final.
If a party is an employee of one of these institutions and is subject to the provisions of an applicable staff, administrative, or faculty handbook, that party may grieve the failure to follow these procedures according to the process set forth in the relevant handbook. In the alternative, however, the party may waive the grievance and elect to pursue an appeal under this complaint procedure as set forth above. Such waiver of the right to grieve must be in writing and submitted along with the written statement of appeal.
D. Establishment of the Human Rights Hearing Panel
Prior to May 1 of each year the Order and the College shall appoint members from its communities to serve on the Human Rights Hearing Panel. Appointments shall be for a term of one year beginning September 1 and concluding August 31, or until a successor is appointed. Panel members may be reappointed to serve subsequent and/or consecutive terms. For faculty member appointments from St. John's University and the College of St. Benedict, the Faculty Governance Coordinating Committee shall submit a list of recommended candidates to the Presidents of each institution on or before April 1 of each year. The number of recommended candidates shall be twice the number of faculty positions open for appointment to the panel. The Presidents will use this list in making their appointment decisions.
The division heads for the Order shall appoint a total of 27 individuals to serve on the Panel as follows:
2 members of Saint John's Abbey
1 members of Benedictine Division Administration
1 members of Benedictine Division Support Staff
4 members of Saint John's University Faculty (at least 2 tenured members)
4 members of Saint John's University Administration
4 members of Saint John's University Support Staff
4 members of Saint John's University Students
1 members of Liturgical Press Administration
1 members of Liturgical Press Support Staff
1 members of Saint John's Prep Faculty
1 members of Saint John's Prep Administration
1 members of Saint John's Prep Support Staff
2 members of Saint John's Prep Students
The President of the College shall appoint a total of sixteen (16) individuals to serve on the Panel as follows:
4 members of College of Saint Benedict Faculty (at least two tenured members)
4 members of College of Saint Benedict Administration
4 members of College of Saint Benedict Support Staff
4 members of College of Saint Benedict Students
The Human Rights Officer, in conjunction with other institutional departments, shall be responsible for the initial training of the panel members and shall provide additional training and support once panel members have been selected to serve on an ad hoc Hearing Committee.
IV. General Provisions
If a complaint procedure is initiated or the process delayed when the Human Rights Officer is unavailable, the Director or Associate Director of Human Resources may assume the functions of that position.
If a complaint is directed against the Human Rights Officer, the Director or Associate Director of Human Resources or a Vice President, the functions assigned to the position under this Procedure will transfer to the President/Division Head or his or her designee.
If a complaint is directed against a President/Division Head for the Order, the resolution of such complaint will be directed to the Abbot and the chair of the appropriate Board of Regents. If a complaint is directed against the President of the College, the resolution of such complaint will be directed to the chair of the Board of Trustees.
Ordinarily, complaints will be brought by people who feel that their rights under the Human Rights Policy have been violated. Nevertheless, extraordinary circumstances may arise in which a complaint alleging a violation of the Joint Human Right Policy or the Joint Sexual Assault Policy may be initiated in the name of the institution(s) by any vice presidential level employee having direct responsibility over the person or persons who are alleged to have been injured by the act(s) of the Respondent(s). Similarly, in cases where a Complainant has chosen to withdraw a complaint, the complaint process may be continued in the name of the institution(s) by the appropriate vice-presidential level employee. A person on whose behalf a complaint is brought by the institution, however, is under no obligation to participate in this procedure.
When a party has filed criminal charges, the Human Rights Officer may suspend the process prior to making a recommendation under Step 9(i) until the outcome of the criminal justice process is known. The institutions may also impose appropriate discipline in response to a criminal justice determination.
The Human Rights Officer shall periodically report the institutions' experience with the Joint Human Rights Policy, the Joint Sexual Assault Policy, and the related procedures, to the appropriate committees or assemblies of the various representative groups of the institutions.
For information regarding the Joint Complaint Procedure for Human Rights Violations, contact Jody Terhaar, CSB Dean of Students at ext. 5270 or Mike Connolly, SJU Dean of Students at ext. 3171, or for employee issues at 363-3340, or visit the website at: www.csbsju.edu/humanrights.