Business Administration - John F. Kennedy University

General Information
complaint to the alleged offender or unit against which the
complaint is made (“respondent”).
4. The vice President of student services will arrange
appropriate interim measures when warranted to protect the
parties.
5. The vice President of student services investigates the
complaint (or the vice President’s designee, who has been
trained in the investigation of such complaints), meeting
separately with the student and with others who are either
named in the complaint or who may have knowledge of the
facts. Generally, the investigation is completed within thirty
(30) days from the date the vice President of student services
receives the complaint.
on completion of the investigation, the vice President of student
services will prepare a report of the witness statements and the
evidence and will provide a copy to each party.
B. A review panel is established as follows:
The complainant and respondent each nominate one student or
employee who is unbiased, not involved in the complaint and
willing and available to serve as a member of the panel.
The nominated panel members select, by mutual agreement,
another member who will serve as chair of the panel, who will
conduct the hearing and rule on procedural matters. if they are
unable to agree on a chair, the vice President of student services
makes the selection.
C. Once the review panel is established:
The chair sets the time and place for the hearing at the earliest
possible time consistent with the schedules of the parties and the
panel. The date of the hearing may be postponed or extended by
mutual agreement of the parties with the consent of the chair. The
panel makes every reasonable effort to conduct its hearing within
fourteen (14) days of the panel’s formation.
The failure of any party to appear without justifiable cause will
terminate that party’s right of appeal. The vice President of student
services reviews pertinent evidence and coordinates the hearing
process by informing the panel of its role, defining the issues and
ensuring that the panel is provided with the complaint, response
and other appropriate information. The vice President of student
services serves as recorder of the proceedings and advisor to the
panel, but does not vote.
The standard of review to be used in all proceedings is fundamental
fairness. strict rules of evidence and procedures are not required
so long as the proceedings are conducted in a manner that allows
both sides to fairly and fully explain the circumstances. Decisions
regarding the admissibility of evidence and the weight to be
given to pieces of evidence will be made by the chair. The burden
of proof is upon the complainant to prove his or her case by a
preponderance of the evidence, which means that the proof need
only show that the facts are more likely to be so than not so.
The review panel proceedings will be conducted in a closed
hearing. The parties will have a reasonable opportunity for oral
presentation and to present written evidence. The hearing is not
a legal forum and representation of parties by legal counsel is not
permitted. The parties may, however, be accompanied by another
member of the University community, who will act as a personal
advisor with whom they may consult.
20 General Information
The panel will make every reasonable effort to forward its written
findings to the vice President of student services and to the parties
within seven (7) days after the close of the hearing.
The findings will be recorded and signed by the parties and the
vice President of student services, except when either party
disagrees with the findings of the committee and decides to appeal.
Reasonable, timely, and effective action will be taken as needed to
correct discriminatory effects, prevent recurrence, or remedy the
complainant’s loss, if any. These actions will be communicated to
the complainant.
in the event disciplinary action is recommended, the respondent
will be entitled to fair process provided by University rules and
regulations. only when a complaint reaches the formal process
and only if it is sustained will it be recorded in the respondent’s
student or personnel file.
Appellate Procedures for Civil Rights Issues
a party may file a written appeal within ten (10) days of receipt
of the findings with the vice President of academic affairs. The
written appeal must state the objections to the decision. Upon
receipt of the appeal, the vice President of academic affairs will
forward a copy to the other party(ies).
Parties can forward commentary to the vice President of academic
affairs within fourteen (14) days of receipt of the appeal.
Within twenty-one (21) days following receipt of an appeal, the
vice President of academic affairs will render a final decision.
Changes to these procedures may be made as needed to resolve
problems. any request for changes should be directed to the vice
President of student services . if the complaint is against the vice
President of student services or other officer involved in these
procedures, the vice President of academic affairs will designate
a University employee to act in their place in these complaint
procedures.
if the decision finds that the complainant falsely accused another of
discrimination or harassment knowingly or in a malicious manner,
the complainant will be subject to appropriate sanctions.
Retaliatory action of any kind by any member of the University
community against anyone seeking redress under these procedures,
cooperating in the investigation, or other participation in these
procedures is prohibited and will be regarded as the basis for
disciplinary action.
in cases of discrimination or sexual harassment, the complainant
may, at any time during the informal or formal procedure at John
F. Kennedy University, file a complaint with:
office for Civil Rights
U.s. Department of Education
50 Beale street, suite 7200
san Francisco, California 94105
The University will complete its investigation and make findings
on a complaint filed at the University, even if a complaint has also
been filed with the office for Civil Rights.
John F. Kennedy University