East Carolina University Faculty Manual

APPENDIX X.

GRIEVANCE PROCEDURES FOR COMPLAINTS OF SEXUAL OR RACIAL HARASSMENT OR DISCRIMINATION OR CONFLICTS OF INTEREST BROUGHT AGAINST EAST CAROLINA UNIVERSITY FACULTY MEMBERS OR ADMINISTRATORS HOLDING FACULTY STATUS.*

V. Level One Procedures for Complaints of Harassment or Discrimination

A. Investigation of Complaints of Alleged Harassment or Discrimination

1. The Grievance Officer, upon receiving a complaint, shall determine whether evidence exists to sustain the complaint. In making this determination, the Grievance Officer may conduct an investigation; however, every effort will be made to preserve the confidentiality of both complainant and respondent.

2. During the investigation of a complaint the chancellor or appropriate vice chancellor may take interim measures, such as transferring a student to another class and other action, up to and including suspension with pay to prevent misconduct or retaliation.

3. During Level One procedures, if the complainants so request, the complainants’ names shall be deleted from the copy of the complaints provided to the respondents and every effort will be made to keep the complainants’ identify confidential.

4. If the respondents wish to reply to the complainants, the Grievance Officer will communicate this reply to the complainants.

5. This procedure allowing for a dialogue between complainants and respondents will continue until the matter is resolved to the satisfaction of the complainant and the respondent, or either party wishes to terminate dialogue.

B. Termination of Level One Procedures for Complaints for Harassment or Discrimination

1. When Level One procedures are terminated without being resolved to the satisfaction of complainants, complainants have the option of initiating Level Two procedures.

2. If the complainants are unsatisfied after attempting to resolve the grievance thorough Level One procedures, the complainants may submit a written, signed statement of their grievances to the Grievance officer, and may initiate Level Two grievance procedures.

C. Records

1. The Grievance Officer will keep a record of the initial and of any subsequent discussions between the complainants and the Grievance Officer, and of discussions between the Grievance Officer and respondents. This record will include:

a. the complainants’ description of the alleged events, including times, places, and dates, if possible.

b. the complainants’ description of the alleged effects of these events, if any,

c. names of witnesses, if any,

d. the names of the individuals alleged to have subjected the complainants to harassment and/or discrimination, and

e. the replies of the respondents, if any, and

f. any and all information gained in the investigation.

2. Complainants and respondents may review a copy of this record from which the complainants’ names and personally identifiable information have been deleted. Complainants and respondents may append to this record a written response to each of the factual claims of the record. In any case where a written response is appended to the record, this will be noted in the record itself.

D. Procedures To Be Followed Upon the Imposition of Sanctions

1. The Chancellor or (the Chancellor’s designee) may respond to substantiated claims by the impositions of serious sanctions, including discharge, suspension, reduction in rank, or lesser sanctions provided that the conditions specified below are met prior to the imposition of sanctions. However, failure of the respondent to cooperate with the investigation (failure to respond to the allegations, failure to accept a copy of the report of the investigation, etc.) will not preclude the University from imposing appropriate sanctions.

a. The respondent was provided with a written statement of the complaint brought against him or her signed either by the complainant of the University Grievance Officer.

b. The complainant was thoroughly investigated by the Grievance Officer.

c. The reply of the respondent to the complaint was solicited in person and in writing by the Grievance Officer during the investigation of the complaint by the Grievance Officer.

d. The reply of the respondent to the complaint obtained during the investigation of the complaint by the Grievance Officer is noted in the Grievance Officers report of his or her findings.

e. The identity of the complaint is stated in the Grievance Officers’ written report of the findings of his or her investigation.

f. The respondent was provided with a written copy of the report of the findings of the Grievance Officer’s investigation.

2. Written Report and Conclusions

After the Grievance Officer assures that the conditions listed in part V.D(1) are met, he or she will submit a report of findings with the written complaint and the respondent’s reply, if any, to the appropriate Vice Chancellor, who may, if the findings indicate misconduct, initiate the disciplinary process or take disciplinary action in accordance with University procedures.

E. Appeal of a Level One Finding

1. When the disciplinary actions taken, if any, do not include reduction in rank, suspension, or dismissal, the respondents may request a hearing before the Faculty Grievance Committee, in accordance with the procedures specified in the ECU Faculty Manual, Appendix D.

2. When the disciplinary actions taken, if any, include reduction in rank, suspension, or dismissal, the Chancellor or the Chancellor’s designee shall send the faculty member by registered mail, return receipt requested, a written statement of the disciplinary actions taken. The statement shall include notice of the faculty member’s right, upon

request, to both written specification of the reasons for the intended action and to a hearing before the Due Process Committee, in accordance with the procedures specified in the ECU Faculty Manual, Appendix D.