Procedures

A25S

This procedure applies to any complaints of violations of  University policy against discrimination or harassment  outside the scope of Title IX that is made against a University employee (including claims made by students). Claims of discrimination or harassment outside the scope of Title IX made against students will be addressed through the judicial process as identified in the Student Handbook. Claims of discrimination or harassment inside the scope of Title IX made against a University employee (including claims made by students) will be addressed through the Title IX process as identified in the Title IX and Sexual Misconduct Policy. 

While the University encourages informal resolution of complaints when possible, the grievant is not required to attempt the informal procedure prior to instigating the formal procedure. Moreover, the grievant retains the right to halt the informal procedure in favor of the formal process at any point in the process.

A member of the University community who wishes to make an official report of discrimination or harassment regarding a University employee may report the incident to any of the following people, who will refer the complaint to the Associate Director of Human Resources for Employee Relations (ADHRER) for follow-up: the ADHRER, the University’s Title IX Coordinator or Deputy Coordinator(s). Upon receipt of the complaint, the ADHRER will contact the grievant to determine which of the two processes below he or she wishes to initiate. In the event that the ADHRER is involved in the complaint, the Director of Human Resources will appoint a University official to carry out the duties of the ADHRER, as described below. Complaints of alleged policy violations by members of the President’s Senior Staff may follow the above stated channels, but may also be made to the President. Complaints of alleged policy violations by the President will be shared with the Chair of the University Board of Trustees.

If the complaint involves alleged criminal activity, for example sexual misconduct of a criminal nature, the matter may be reported to appropriate law enforcement authorities. Such complaints can be handled under this policy, through the criminal process alternatively, or under both processes.

The timelines for implementing the grievance procedures below are intended to allow for an expeditious and complete resolution of complaints. The University will make every reasonable effort to achieve resolution of complaints within these or shorter timeframes. However, during times when classes are not in session or at the end of an academic term, or depending on the ability of the University to conduct an effective investigation, timelines may be adjusted. The estimated timeframe for resolution of a complaint via the informal procedure is 30 calendar days from the report of an incident. The estimated timeframe for resolution of a complaint via the formal procedure is 90 calendar days or less from the time the ADHRER receives a written request to initiate the formal procedure. The estimated timeline for notification of the results of an appeal is 21 calendar days from the date the request for appeal is received by the Provost and Vice President for Academic Affairs. When the University cannot adhere to these estimated timelines, the grievant and accused will be notified and provided an anticipated completion date.

A22Y

The goal of the informal procedure is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. Informal resolution may include inquiry into the facts, but typically does not include a formal investigation. Allegations involving sexual assault may not be addressed using the informal procedure. Informal procedures involving conduct within the scope of Title IX will be addressed through the Title IX process as identified in the Title IX and Sexual Misconduct Policy.

Upon receiving the initial report from the grievant, the ADHRER will notify the University employee’s supervisor(s) (if the accused is a faculty member, this will usually be the Chair of the employee’s department and the Dean of the employee’s school or college). In cases involving sex discrimination or sexual harassment, the University’s Title IX Coordinator or  Deputy Coordinator will also be notified. The ADHRER will then take appropriate steps to resolve the concern, which may include holding discussions (either separately or together) with the grievant, the accused, the accused’s supervisor, and appropriate University officials. If the ADHRER is involved in the complaint or is unavailable to complete the informal procedure, the Director of Human Resources will assume the role of the ADHRER or will assign another Elon staff member to do so.

If the matter is resolved informally to the satisfaction of all parties, the supervisor of the accused (and, in instances of sexual discrimination or harassment, the University’s Title IX Coordinator or  Title IX Deputy Coordinator as applicable, and in cases of disabilities discrimination, the 504 Officer), in consultation with the ADHRER, will maintain a record of the resolution.

If the matter cannot be resolved informally to the satisfaction of all parties, or the grievant chooses the formal process at any time, the grievant may initiate the formal procedure described below by notifying the ADHRER.

A32B

If informal resolution is unsuccessful, unavailable (such as in the instance of sexual assault), or if the grievant chooses the formal procedure, a formal written complaint must be filed. The written complaint will include details of the allegations of violations of the University policy against harassment and discrimination including, but not limited to, the alleged violations, the date(s) and time(s) of the alleged violations and any witnesses or other relevant information about the complaint. If the ADHRER is involved in the complaint, the grievant should submit the statement to the Director of Human Resources. If the ADHRER is involved in the complaint or is unavailable to complete the investigation, the Director of Human Resources will investigate or assign an investigator who will then take on the duties of the ADHRER as described below.

Upon receipt of the written complaint, the ADHRER will notify the accused, the University accused employee’s supervisor(s), the Provost and Vice President for Academic Affairs, and, if the case involves sex discrimination or sexual harassment, the University’s Title IX Coordinator  or Title IX Deputy Coordinator as applicable, and in cases of disabilities discrimination, the 504 Officer. The University will conduct a prompt, thorough, and impartial investigation. Investigations involving conduct within the scope of Title IX will be addressed through the Title IX process as identified in  the Title IX and Sexual Misconduct Policy.

The ADHRER will undertake an investigation of the allegations contained in the written statement. Depending on the nature of the allegations, the investigation could include interviews with the grievant, the accused and/or witnesses; review of written documentation and relevant policies; and any other steps necessary to thoroughly investigate the allegations. The investigation will be conducted as expeditiously as possible, and the results of the investigation will be forwarded to the Provost and Vice President for Academic Affairs. At that time, academic support staff with faculty rank or administrative staff with faculty rank who are accused of violating the policy must notify the Provost and Vice President for Academic Affairs whether they choose the faculty or staff procedure. Once notification is given, the accused may not change procedures.

Within 14 calendar days of the ADHRER’s receipt of the written complaint, the Provost and Vice President for Academic Affairs or his/her designee, will assemble a three-member hearing committee. One member of the committee will be a faculty member, appointed by the Chair of Academic Council; one member will be a staff member, appointed by the Provost and Vice President for Academic Affairs from a list of staff recommended by the Staff Advisory Council; and one administrator, at the level of Assistant Dean or above, appointed by the Provost and Vice President for Academic Affairs. To be eligible for appointment, an appointee must have completed training in University discrimination and harassment policies and procedures (including Title IX and 504/ADA obligations), and have no conflict of interest in the complaint. If the Provost and Vice President for Academic Affairs finds an appointee to have a conflict of interest or be unable to complete the required training in a timely fashion, the Provost and Vice President for Academic Affairs will request an additional three names from the appointer and choose one name from that list.

The hearing committee will elect a Chair by majority vote who will serve as the convener of the committee.

The Provost and Vice President for Academic Affairs will provide the hearing committee with a copy of the results of the confidential investigation conducted by the ADHRER. After reviewing the results of the investigation, the committee will conduct a hearing regarding the allegations and investigation findings. Both the grievant and the accused each may be accompanied and advised at the hearing by a University student or employee; however, no attorneys may be present or participate in the hearing. Reasonable provisions will be made for University employees or students to appear as witnesses.

The hearing should normally be completed within 30 calendar days from the receipt of the investigation. Within 14 calendar days of the completion of the hearing, the committee will provide a written report of responsibility or non-responsibility for policy violations. The committee will provide a copy of this report to the grievant, the accused, the ADHRER, the Provost and Vice President for Academic Affairs and, in cases involving sex discrimination or sexual harassment, the University’s Title IX Coordinator or Title IX Deputy Coordinator  as applicable, and in cases of disabilities discrimination, the 504 Officer. The committee will also issue a recommendation to the Provost and Vice President for Academic Affairs for sanctions, if any, to be assigned to the accused if the accused is found responsible for any alleged policy violation.

Either the grievant or the accused may request an appeal of the hearing committee’s finding of responsibility or non-responsibility by providing a written notice of appeal to the Provost and Vice President for Academic Affairs within seven calendar days of the Hearing Board’s determination. Appeals of the Hearing Board’s decision may only be made on the basis of 1) substantial violations of the procedures of this policy and/or 2) the emergence of new, material information relevant to the alleged policy violations. Written notice of appeal must identify the basis of the appeal and should include sufficient detail to support the appeal. If the Provost and Vice President for Academic Affairs is involved in the case, the grievant should submit the statement to the President of the University, who will then take on the duties of the Provost and Vice President for Academic Affairs as described in this paragraph. Upon receipt of this written appeal, the Provost and Vice President for Academic Affairs will review the information from the formal procedure plus any new information submitted and permit the non-appealing party an opportunity to provide information relevant to the appeal if desired. The Provost and Vice President for Academic Affairs will make a final determination of responsibility and notify the grievant and accused of the outcome within 30 calendar days of receiving the request for appeal. If the Provost and Vice President for Academic Affairs upholds a decision of responsibility, she or he will assign sanctions and communicate in writing this decision and sanctions to the accused, the accused’s supervisor, the ADHRER, and, in cases involving sex discrimination or sexual harassment, the University’s Title IX Coordinator or Title IX /Deputy Coordinator as applicable, and in cases of disabilities discrimination, the 504 Officer. Any decision to issue sanctions by the Provost and Vice President for Academic Affairs will be placed in the accused’s personnel file.

If no appeal is filed of the hearing committee findings, the Provost and Vice President for Academic Affairs will determine appropriate corrective actions including sanctions upon a review of the hearing committee findings and file. A written summary of corrective action will be provided to the accused, the accused’s supervisor, the ADHRER, and, in cases involving sex discrimination or sexual harassment, the University’s Title IX Coordinator or Title IX Deputy Coordinator as applicable, and in cases of disabilities discrimination, the 504 Officer within 14 calendar days of the Provost and Vice President for Academic Affairs receiving the reports of the hearing committee.

The University will maintain documentation of the complaint, its investigation, and hearing process under this policy. In cases involving sex discrimination or sexual harassment, all documentation will be filed with the University’s Title IX Coordinator or Title IX Deputy Coordinator  as applicable, and in cases of disabilities discrimination, the 504 Officer.

A22H

The Provost and Vice President for Academic Affairs is responsible for implementing sanctions and will follow all relevant existing procedures.

In cases where the sanctions assigned to the accused include either dismissal or suspension, the accused’s case may be heard by Academic Council (see Faculty Bylaws Article VI, Section 3 with the recommendation of the Council being provided to the President. Tenured faculty may also request that the Board of Trustees review the recommendations of Academic Council and the President, in accordance with procedure in the section on the Dismissal of Tenured Teaching Faculty .

In cases where the corrective actions assigned to the accused do not include either dismissal or suspension, and the accused believes that the corrective actions assigned are excessive or inappropriate, the accused can request that Academic Council serve as a hearing committee to review the assigned sanctions. The accused must make this request to the Chair of Academic Council within seven calendar days of the Provost’s determination of sanctions, and the Council must hold a hearing concerning the sanctions within 14 calendar days of receiving the request by the accused employee. The Council must then provide a written recommendation to the Provost and Vice President for Academic Affairs within seven calendar days of the conclusion of the hearing. Within seven calendar days of receiving the recommendation of Council, the Provost and Vice President for Academic Affairs will then provide a final written statement of sanctions to the accused, the accused’s supervisor, the ADHRER, and, in cases involving sex discrimination or sexual harassment, the University’s Title IX Coordinator of Title IX Deputy Coordinator as applicable, and in cases of disabilities discrimination, the 504 Officer.