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Part 4. Personnel Policies

Section V. Internal Grievance Procedures

F. EEO/Affirmative Action/Discrimination Grievance Procedure (Updated 5/02)

1. EEO/Affirmative Action Grievance Committee

The EEO/Affirmative Action Grievance Committee will review complaints of discrimination by all University employees, students or applicants for employment or admission to the University or any of its programs.

2. Grievance Procedures

a. A grievance procedure is meaningless unless the right to bring complaints before a grievance committee is securely protected before, during and after formal grievance proceedings.

b. All reasonable steps will be taken by the EEO/Affirmative Action Policy Committee, the EEO/Affirmative Action Grievance Committee, and by the University administration to ensure that no person intimidates, threatens, coerces or discriminates against any individual for the purpose of interfering with, preventing, or retaliating for the intended or actual filing of a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing, or any other activity related to the work of the EEO/Affirmative Action Grievance Committee.

c. Any employee or student, as well as any individual, seeking employment or admission to the University or any of its programs who believes that she/he has been subjected to discriminatory practices or procedures, may informally or formally register a complaint with the EEO/Affirmative Action Officer. The formal complaint should be a written statement alleging the incident, the person, and/or office perpetrating the discriminatory act and listing witnesses, if any.

3. Action by EEO/Affirmative Action Officer

a. Informal Hearing

Upon receipt of a formal complaint, the EEO/Affirmative Action Officer will hold an informal hearing within ten (10) working days with all parties concerned in an endeavor to resolve the matter.

b. Forwarding Complaint to the EEO/Affirmative Action Grievance Committee

Should the complainant so desire, the EEO/Affirmative Action Officer will forward the formal complaint to the chairperson of the EEO/Affirmative Action Grievance Committee. A copy of the letter and the formal complaint will be furnished to, the person or office against whom the complaint is being made.

4. Action by EEO/Affirmative Action Grievance Committee

a. Review

Within ten (10) working days of receipt of a complaint the EEO/Affirmative Action Grievance Committee will meet to review the case in order to determine, on the basis of jurisdiction, whether to proceed to a formal hearing.

b. Formal Hearing

(1) Should the committee determine to hold a formal hearing of the case, the following steps will be taken:

(a) The chairperson will advise each party of the date, time, and place of the hearing.

(b) The committee has the authority to request the appearance before it of any persons who may have information pertaining to the case.

(c) The committee may request additional written statements and documents from each party.

(d) The committee will request the names of witnesses to be brought by each party and will request the witnesses to appear at the date, time and place of the hearing.

(2) The committee will meet and hear relevant testimony and review documents related to the allegation. The objective of the hearing will be to ascertain the facts to enable the committee to make reasoned recommendations. To that end, the hearing will be conducted in an orderly fashion, allowing the parties a fair opportunity to be heard. The hearing is not a trial and formal rules of evidence will not apply. However, the chairperson may limit evidence that is not relevant or germane to the issues before the committee. Generally, the following procedures will be followed:

(a) All parties are entitled to copies of any documents or other written statements which are submitted to the committee.

(b) All parties are entitled to timely notice of committee hearings related to the complaint and are ensured sufficient time for preparation for such hearings.

(c) The complainant(s) and the respondent(s) will be present during all testimony.

(d) All parties will ordinarily present their side of the matter, but may be assisted by peer counsel (non-attorneys) of their choice. Attorneys may not represent any party during the hearing; although the hearing committee may be advised by counsel.

(e) All parties shall have the right of confrontation of witnesses, and the right to cross-examine such witnesses.

(f) Hearings will be recorded on tape, and all written evidence shall be marked for identification and made part of the record. If transcriptions are required by either party, the requesting party will pay the cost of the transcript.

(g) Parties have the right to call witnesses and present any evidence they desire, subject to the decision of the committee on its relevance.

(h) The committee shall have the right to call witnesses at its discretion.

(i) Parties have the right to be informed in writing of the findings and recommendations of the committee.

(j) At any time during the hearing the complainant may withdraw his/her complaint. In that event the proceedings will be terminated.

5. Findings

a. Within ten (10) working days of the hearing the committee will meet in closed session to discuss and vote upon findings and recommended action.

b. In open session, the committee will advise all participants of the vote and recommended action.

c. The findings and recommendations of the committee will be made and forwarded to the President of the University for timely consideration and action through the EEO/Affirmative Action Officer.

6. Outside Agencies

Individuals, including those seeking employment at Idaho State University, may also register complaints with appropriate local, state, or federal agencies.

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