Resolution Procedures - How Employee Complaints are Handled

For complaints involving employees that implicate Policy 3.110, Discrimination, Sexual Harassment and Sexual Misconduct Prohibited, or conduct that could violate another Lewis-Clark State College policy, an initial assessment will be conducted by the Department of Public Safety and/or the Human Resource Director, to determine the most appropriate process for resolution.  Depending on the information available, the investigation may be resolved using Process A or Process B, as outlined in the Resolution Procedures document.

The following explains in more detail what you can expect if “Process B” is utilized:

1. The Coordinator will provide the information already obtained from the Complainant to the HR Director, including but not limited to dates, times, locations, and any statements previously given. A follow-up meeting with the Complainant may occur if it is needed and/or warranted.  However, additional meetings/interviews with the Complainant may not occur.
   
2. The HR Director will schedule a meeting with the Accused and his/her immediate supervisor.
   
3. During this meeting, the Accused will be provided with information about the allegations and will have an opportunity to respond.
   
4. Following this meeting, the HR Director will review Lewis-Clark State College policies to determine the next steps, if any. Those steps may include mediation, training, counseling, or, if applicable, a formal investigation.
   
5. If it is determined a formal investigation is warranted:
   1. The HR Director will obtain statements from witnesses for both the Complainant and the Accused.
   2. The HR Director will present the facts found in a report to the appropriate Vice President (or President for DRUs) no later than 60 calendar days after receiving the complaint.
   3. The Vice President or President will review the facts uncovered in the investigation.
   4. The Vice President or President will issue his/her decision and recommendations in writing to the parties within fifteen (15) working days from the date the report was received.
      
6. Sanctions
   1. Determination of policy violation will generally be made by the Vice President or President. The accused will be subject to disciplinary action commensurate with the scope and severity of the occurrence(s).  This action may include but is not limited to, warning, reprimand, suspension (including leave without pay), demotion, or dismissal.  If it is determined that a complaint has been filed in bad faith, the Complainant will be subject to these sanctions.
      
   2. Every effort will be made to provide prompt relief for the Complainant, and he/she will be informed that corrective action has been taken.
      
7. Employees have a right to appeal based on applicable Lewis-Clark State College policies.