Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
REGENTS’ POLICY MANUALSECTION 2—ACADEMICSThe grievance procedure embodied herein shall be available to any person who, at the time of the actscomplained of, was employed by, was an applicant for employment, or was enrolled as a student at TheUniversity of Oklahoma.B. Filing Of ComplaintPersons who have complaints alleging discrimination based upon race, color, national origin, sex, age 40or above, religion, disability or status as a veteran or complaints alleging sexual harassment, consensualsexual relationships, retaliation, or racial and ethnic harassment may file them in writing with theUniversity Equal Opportunity Officer.Complainants who exercise their right to use this procedure agree to accept its conditions as outlinedbelow. Where multiple issues exist, (i.e. sexual harassment and violation of due process or grade appeal),the complainant must specify all of the grounds of the grievance of which the complainant should havereasonably known at the time of filing. A grievance filed under this procedure may normally not be filedunder any other University grievance procedure. Depending on the nature of the issues involved, thecomplainant will be advised by the University Equal Opportunity Officer or his/her designee about theappropriate procedure(s) to utilize.C. Timing of ComplaintAny complaint must be filed with the University Equal Opportunity Officer within 180 calendar days ofthe act of alleged discrimination or harassment. The University Equal Opportunity Officer mayreasonably extend all other time periods.D. Administrative Action1) The University recognizes its obligation to address incidents of discrimination and harassmenton campus when it becomes aware of their existence even if no complaints are filed, therefore,the University reserves the right to take appropriate action unilaterally under this procedure.2) With respect to students, the University Vice President for Student Affairs and Dean of Studentsor other appropriate persons in authority may take immediate administrative or disciplinaryaction which is deemed necessary for the welfare or safety of the University Community. AnyNorman Campus student so affected must be granted due process appropriate to thecircumstance. A campus disciplinary council, in accordance with Title 13, Section 1.2. of theStudent Code shall conduct any hearing involving disciplinary suspension or expulsion. Lesseradministrative or disciplinary action may be appealed to the University Vice President forStudent Affairs and Dean of Students. Such requests must be in writing and filed within sevencalendar days following the summary action. The University Vice President for Student Affairsand Dean of Students will issue a written determination to the student within three working daysfollowing the date the request is received.3) With respect to employees, upon a determination at any stage in the investigation or grievanceprocedure that the continued performance of either party's regular duties or Universityresponsibilities would be inappropriate, the proper executive officer may suspend or reassignsaid duties or responsibilities or place the individual on leave of absence pending the completionof the investigation or grievance procedure.E. Withdrawal of ComplaintThe complainant may withdraw the complaint at any point during the investigation or prior to theadjournment of a formal hearing.THE UNIVERSITY OF OKLAHOMA 70
REGENTS’ POLICY MANUALSECTION 2—ACADEMICSF. Confidentiality of Proceedings and RecordsInvestigators and members of the Hearing Panel are individually charged to preserve confidentiality withrespect to any matter investigated or heard. A breach of the duty to preserve confidentiality is considereda serious offense and will subject the offender to appropriate disciplinary action. Parties and witnessesalso are admonished to maintain confidentiality with regard to these proceedings.All records, involving discrimination or harassment, upon disposition of a complaint, shall be transmittedto and maintained by the University Equal Opportunity Officer as confidential records except to theextent disclosure is required by law.G. Proceedings1) InvestigationUpon receipt of a complaint, the University Equal Opportunity Officer is empowered toinvestigate the charge, to interview the parties and others, and to gather any pertinent evidence.The investigation should be completed within 60 calendar days of receipt of the complaint, or assoon as practical. If a time period is extended for more than 10 calendar days, the UniversityEqual Opportunity Officer will provide written or oral notice of reason for extension to allparties involved. The investigator shall prepare a record of the investigation.In arriving at a determination of a policy violation, at any stage of the proceedings, the evidenceas a whole and the totality of the circumstances and the context in which the alleged incident(s)occurred shall be considered. The determination will be made from the facts on a case by casebasis.Upon completion of the investigation, the University Equal Opportunity Officer is authorized totake the following actions:(a) Satisfactory ResolutionResolve the matter to the satisfaction of the University and both the complainant and therespondent. If a resolution satisfactory to the University and both parties is reachedthrough the efforts of the University Equal Opportunity Officer, he or she shall prepare awritten statement indicating the resolution. At that time the investigation and the recordthereof shall be closed.(b) DismissalFind that no policy violation occurred and dismiss the complaint, giving written notice ofsaid dismissal to each party involved. Within 15 calendar days of the date of the notice ofdismissal, the complainant may appeal said dismissal in writing to the University EqualOpportunity Officer by requesting a hearing according to the provisions of Section G.2. Ifno appeal is filed within the 15 calendar day period, the case is considered closed.(c) Determination of Impropriety(1) Make a finding of impropriety and notify the parties of the action to be taken. Eitherparty has the right to appeal said determination in writing within 15 calendar days ofthe date of notice of determination to the University Equal Opportunity Officer byrequesting a hearing according to the provisions of Section G.2. If no appeal is filedwithin the 15 calendar day period, the case is considered closed.THE UNIVERSITY OF OKLAHOMA 71
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REGENTS’ POLICY MANUALSECTION 2—ACADEMICSF. Confidentiality <strong>of</strong> Proceedings and RecordsInvestigators and members <strong>of</strong> the Hearing Panel are individually charged to preserve confidentiality withrespect to any matter investigated or heard. A breach <strong>of</strong> the duty to preserve confidentiality is considereda serious <strong>of</strong>fense and will subject the <strong>of</strong>fender to appropriate disciplinary action. Parties and witnessesalso are admonished to maintain confidentiality with regard to these proceedings.All records, involving discrimination or harassment, upon disposition <strong>of</strong> a complaint, shall be transmittedto and maintained by the University Equal Opportunity Officer as confidential records except to theextent disclosure is required by law.G. Proceedings1) InvestigationUpon receipt <strong>of</strong> a complaint, the University Equal Opportunity Officer is empowered toinvestigate the charge, to interview the parties and others, and to gather any pertinent evidence.The investigation should be completed within 60 calendar days <strong>of</strong> receipt <strong>of</strong> the complaint, or assoon as practical. If a time period is extended for more than 10 calendar days, the UniversityEqual Opportunity Officer will provide written or oral notice <strong>of</strong> reason for extension to allparties involved. The investigator shall prepare a record <strong>of</strong> the investigation.In arriving at a determination <strong>of</strong> a policy violation, at any stage <strong>of</strong> the proceedings, the evidenceas a whole and the totality <strong>of</strong> the circumstances and the context in which the alleged incident(s)occurred shall be considered. The determination will be made from the facts on a case by casebasis.Upon completion <strong>of</strong> the investigation, the University Equal Opportunity Officer is authorized totake the following actions:(a) Satisfactory ResolutionResolve the matter to the satisfaction <strong>of</strong> the University and both the complainant and therespondent. If a resolution satisfactory to the University and both parties is reachedthrough the efforts <strong>of</strong> the University Equal Opportunity Officer, he or she shall prepare awritten statement indicating the resolution. At that time the investigation and the recordthere<strong>of</strong> shall be closed.(b) DismissalFind that no policy violation occurred and dismiss the complaint, giving written notice <strong>of</strong>said dismissal to each party involved. Within 15 calendar days <strong>of</strong> the date <strong>of</strong> the notice <strong>of</strong>dismissal, the complainant may appeal said dismissal in writing to the University EqualOpportunity Officer by requesting a hearing according to the provisions <strong>of</strong> Section G.2. Ifno appeal is filed within the 15 calendar day period, the case is considered closed.(c) Determination <strong>of</strong> Impropriety(1) Make a finding <strong>of</strong> impropriety and notify the parties <strong>of</strong> the action to be taken. Eitherparty has the right to appeal said determination in writing within 15 calendar days <strong>of</strong>the date <strong>of</strong> notice <strong>of</strong> determination to the University Equal Opportunity Officer byrequesting a hearing according to the provisions <strong>of</strong> Section G.2. If no appeal is filedwithin the 15 calendar day period, the case is considered closed.THE UNIVERSITY OF OKLAHOMA 71