第九条 Sexual and Discrimination Resolution Processes

第一部分. 第九条 Regulatory Grievance Process Standards

Notice/Formal Complaint: Upon receipt of a notice or complaint to the 第九条 Coordinator of an alleged violation of the Policy, the 第九条 Coordinator initiates a prompt initial assessment to determine the next steps the University needs to take. The University uses the Formal Grievance Process to determine whether or not the Policy has been violated. 如果是这样的话, the University will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to sexual harassment or retaliation, their potential recurrence, or their effects.

More details can be found from (A) Notice/Formal Complaint

Initial Assessment:  Following receipt of a formal complaint of an alleged violation of this Policy, the 第九条 Coordinator or designee engages in an initial assessment, typically within one to five business days. Once the decision to commence a formal investigation is made, the 第九条 Coordinator appoints trained individuals to conduct the investigation , usually within two (2) business days of determining that an investigation should proceed. 

More details can be found from (B) Initial Assessment

Discretionary Dismissal:  The University may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing. Upon any dismissal, 利记sbo will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties. This dismissal decision is appealable by any party. 

More details can be found from ( C) Discretionary Dismissal

反诉:  利记sbo is obligated to ensure that the grievance process is not abused for retaliatory purposes. Counterclaims determined to have been reported in good faith will be processed using the grievance procedures below. Counterclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the 第九条 Coordinator. 

More details can be found from (D) Counterclaims

第二部分. 上诉

Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing to the 第九条 Coordinator within 7 days of the delivery of the Notice of Outcome.

A three-member appeal\ panel will be designated by the 第九条 Coordinator OR a single Appeal Decision-maker will Chair the appeal] No appeal panelists or Decision-maker will have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process.

The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal (a Review for Standing).
This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

More details can be found from 第二部分. 上诉

Lawrence Tech strongly encourages employees and supervisors to resolve employee-related conflicts on an informal basis. Employees should endeavor to resolve issues by discussing concerns with their immediate supervisor and/or their supervisor’s supervisor. If an informal resolution cannot be reached, the employee may use the Conflict Resolution Policy to address work-related concerns. An employee filing a good faith complaint will not be reprimanded, punished or harassed as a result of using this policy.

Procedure (How to File a Conflict)

1. The 发牢骚的人 presents problem to the immediate supervisor within seven (7) days after the incident occurs. If the supervisor is unavailable or the 发牢骚的人 believes it is inappropriate to contact their supervisor, 发牢骚的人 may present problem to their supervisor’s supervisor.
   
   
2. The supervisor or supervisor’s supervisor responds to the problem during discussion or within seven (7) days if consultation with management or other sources are necessary to investigate the problem. A written response should, in most cases, be given by the supervisor to the 发牢骚的人. 请注意: If the supervisor is unable to respond in the aforementioned timeframe, he/she should inform the 发牢骚的人 why a delay is needed and when a response will be issued.
   
   
3. If 发牢骚的人 disagrees with decision, he/she may then contact the next level supervisor. This supervisor should consult with the original supervisor, 发牢骚的人, and any other sources necessary to investigate the problem. A written response should, in most cases, be given within seven (7) calendar days. If the supervisor is unable to respond in the seven (7) day timeframe, he/she should notify the 发牢骚的人 of reason why a delay is needed and when a response can be given.
   请注意 : If the supervisor is unable to respond in the aforementioned timeframe, he/she should inform the 发牢骚的人 why a delay is needed and when a response will be issued.
   
   
4. If the problem remains unresolved, 发牢骚的人 completes a Conflict Resolution Form and presents it to the Executive Director of 人力资源 along with all appropriate documentation within seven (7) days after receipt of the supervisor’s response. The Executive Director of 人力资源 determines if the conflict violates internal policy or state or federal laws and warrants review by the Conflict Resolution Committee.
   
   
5. If the Executive Director of 人力资源 determines that the conflict has merit, a hearing notification is forwarded to the Conflict Resolution Committee within ten (10) days after receipt.
   
   
6. Immediately prior to the hearing, the Conflict Resolution Committee reviews documentation and proceeds with the hearing at which time the 发牢骚的人 and 被调查者 state their cases. Witnesses may be called. The Conflict Resolution Committee deliberates in private and submits their recommendation to the Executive Director of 人力资源. All documentation is thereafter collected by the Executive Director of 人力资源.
   
   
7. The Executive Director of 人力资源 submits the recommendation and accompanying documentation to the University Officers Committee for final outcome. The University Officers Committee informs the 发牢骚的人, 被调查者, 发牢骚的人’s Supervisor and the Executive Director of 人力资源 of the final outcome and any employee action, 如果合适的话. All documentation is returned to the Executive Director of 人力资源.

Further details can be found in the Employee Handbook Section 602