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GENERAL COMPLAINT RESOLUTION PROCEDURE
The following complaint procedures shall apply to all complaints relating to discrimination and sexual harassment. The College is committed to resolving all complaints covered by this procedure at the earliest and most informal level.
A. Informal Complaint Procedure
The complainant shall initiate the informal complaint proceedings as soon as possible. It is recommended that a complaint be initiated within thirty (30) WORKING DAYS of the alleged discriminatory or harassment action or the date on which the complainant should reasonably have known.
The Complainant, Respondent and/or Supervisor should submit relevant documents and/or materials to the College's Affirmative Action Officer.
(1) Direct Resolution. If comfortable doing so, the complainant discusses directly with respondent the allegations of the complaint and allows respondent to take appropriate corrective action. If complainant is uncomfortable with presenting the issue to the respondent, the complainant may go directly to step two.
(2) Supervisor Resolution. The complainant discusses with his/her or the respondent's supervisor the allegations of the complaint. If satisfactory resolution is obtained, the matter is concluded by mutual consent at this point. If complainant is uncomfortable with presenting the issue to the supervisor, the complainant may go directly to step three.
(3) Vice President, Dean, or Department Chair Resolution. The complainant seeks resolution from Head Supervisor. If satisfactory resolution is obtained, the matter is concluded by mutual consent. If the complaint is not satisfactorily resolved, the complainant should initiate formal complaint proceedings as soon as possible. It is recommended that the matter be submitted within ten (10) WORKING DAYS after the Informal Complaint proceedings have been exhausted.
B. Formal Complaint Procedure
(1) Filing the Written Complaint. If the complainant is not satisfactorily resolved, the complainant files a written complaint with the College's Affirmative Action Officer (AAO). The AAO will provide the complainant with a complaint form. However, the complainant is encouraged to bring a chronological account of events and a list of names of witnesses concerning this matter. The complainant is invited to hold a personal meeting with the AAO before any action is taken.
(2) Determining Whether a Complaint is Subject to Procedure. Within a short period, preferably ten (10) WORKING DAYS after the written complaint and all other pertinent documentation have been submitted and the meeting between the complainant and AAO has occurred, the AAO will determine whether the complaint falls under the purview of these procedures. If the AAO determines that the matter should proceed no further, the complainant will be notified in writing. However, the complainant will be given the opportunity to submit additional information. Upon receiving the additional information, the AAO will consider the information submitted. If the AAO determines that the matter should proceed no further, the complainant will be notified in writing of this determination.
(3) Notification to Respondent. If it is determined that the complaint should proceed further, the AAO will notify the respondent as soon as possible, preferably within ten (10) WORKING DAYS of such determination. The respondent will receive a copy of the complaint, together with a copy of these procedures. The respondent will be given the opportunity to meet with the AAO to receive and request information.
(4) Respondent May File a Written Reply. Within ten (10) WORKING DAYS after receiving the Notification, the respondent is encouraged to meet with the AAO and/or submit a written response. Failure to answer a charge or to participate in the investigation WILL NOT prevent the process from proceeding. Furthermore, failure to respond may result in the investigation proceeding SOLELY on the basis of the complainant's testimony and evidence.
(5) Investigation of the Complaint. Promptly or preferably within twenty (20) WORKING DAYS of receipt of respondent's written response, or if there is NO written response, within twenty (20) WORKING DAYS of notification to respondent, the AAO or his/her designee(s) will attempt to complete an investigation. The investigation may include interviews with both parties and with those identified by either party as witnesses; review of written responses; and/or review of any documents or other evidence submitted by either or both parties or by persons with knowledge.
(6) AAO Makes a Determination. Within fifteen (15) WORKING DAYS of the ending of the investigation, the AAO will reach a decision. All parties to the complaint will be notified of the decision in writing.
C. Sanctions Staff or faculty found to have committed any offenses
outlined in this AA policy will be subject to the following disciplinary
measures. The nature and severity of the offense will determine the
severity of the disciplinary measure(s). Disciplinary measures include,
but are not limited to the following:
Warning
Mandatory diversity/sensitivity/harassment training
Transfer
Suspension without pay
Termination
D. Retaliation Any person who participates in these procedures may
do so without fear of retaliation. Retaliation will result in disciplinary
action.
E. Falsified Complaint Although employees are encouraged to use
this process, deliberately filing a complaint with false statements is
considered to be serious misconduct, and such offenses will be
subject to disciplinary sanctions, including termination.
F. Attorneys These procedures are intended to be an avenue of
INTERNAL RESOLUTION ONLY. As such, attorneys WILL
NOT be allowed to participate DIRECTLY in any phase of these
complaint procedures. However, any party affected by a complaint is
FREE to consult with an attorney of his/her choice at his/her own
expense.
G. Union Representatives Parties may seek advice from union
representatives. A union representative may accompany and serve
as an advisor to either party during these complaint procedures.
H. Time Limits The AAO may, at his/her discretion, extend deadlines
as outlined in this policy.
I. Record Retention The AAO is the custodian of all records
developed during the investigation of a complaint.
J. Confidentiality To the extent possible, the investigation will be
conducted in a manner to protect the confidentiality of the
complainant, the respondent and all witnesses. All parties involved in
the proceedings will be advised to maintain strict confidentiality to
safeguard the privacy and reputation of all involved.
K. Compatibility with Union Grievance Procedures
If the act of alleged discrimination is grievable under a contract with a recognized bargaining agent, the aggrieved employee may concurrently file a grievance with the bargaining agent, in accordance with the procedure detailed in the contract.
Notes :(a) If the complaint requires action on behalf of the complainant and is unaddressed for ten (10) WORKING DAYS or if the complainant fails to cooperate with the investigatory process, the AAO may dismiss the complaint.
(b) If a complaint arises which appears to involve matters properly addressed to Human Resources, the AAO and the Director of Human Resources and Labor Relations may conduct a joint investigation.
(c) The general complaint resolution procedures for Union County College DO NOT serve as a limitation, preclusion, or waiver of any legal rights and/or remedies as proscribed by federal and state law. However, the general complaint resolution procedures will be closed if a complainant decides to exercise his/her legal external rights pursuant to remedies provided by federal and/or state law.
(d) The complainant has the right to drop or withdraw his/her complaint at any point.
L. Filing a Complaint of Discrimination or Harassment with an
EXTERNAL Agency
There are several government agencies which have the responsibility to protect the civil rights of individuals. It should be noted that they may have overlapping or concurrent jurisdiction. Complaints of Discrimination may be filed with any of the following agencies:
I. New Jersey Division of Civil Rights
31 Clinton Street, 3rd Floor
Newark, NJ 07102
(973) 648-2700
II. Equal Employment Opportunity Commission
1 North Center, 21 St. Floor
Newark, NJ 07102
(973) 645-6383
(Accepts individual and third-party complaints; must be filed
within 180 days)
III. Office of Civil Rights
Department of Health, Education and Welfare
26 Federal Plaza, Room 3312
New York, NY 10278
(212) 264-3313
IV. Division of Equal Employment Opportunity/Affirmative Action
New Jersey Department of Personnel
CN 313
Trenton, NJ 08625
(609) 292-6044
(Complaint should be filed after internal procedures have been
exhausted) |