General Grievance Procedures

General Grievance Procedures

The College has established this General Grievance Procedure to supplement certain policies of the College, such as the College's Policy Against Discrimination and Harassment In Employment Practices and in Student Academic and Campus Life, which designate the General Grievance Procedure as the appropriate process for evaluating allegations of discrimination or harassment against students, faculty, administrative, professional, confidential and unionized employees or visitors to the College.  The General Grievance Procedure may, in appropriate situations, also be used to assist in the resolution of grievances not covered by other policies.  The Policy does not, however, confer additional rights or responsibilities not otherwise enumerated or established at the College.

Two basic premises underlie the structure of these procedures and are intended to govern their application.  First, the end result is not intended to be primarily punishment of the offender or retribution (although in appropriate cases discipline up to and including dismissal may be imposed) but to provide appropriate redress for the victim and to prevent similar incidents in the future.  Second, they recognize the unusual sensitivity of certain matters and the additional harm that can be caused to the victim, the alleged offender, and potential witnesses by inappropriate publicity.

Self Help

An individual who believes that she or he is the subject of discriminatory or harassing behavior may choose to deal with the alleged offender directly through a face to face discussion, a personal telephone conversation, e-mail correspondence, or other written correspondence.  In some cases, this approach may resolve the situation; in others, it may be ineffective or place the individual in an uncomfortable, insecure, or compromised position.  Under no circumstances should an individual feel pressured to address the alleged offender directly or otherwise handle the matter alone, and a decision not to confront an individual  she or he believes to be discriminatory or harassing will not be viewed negatively.  If self-help measures prove unsuccessful, an individual may choose to report the situation and pursue other methods of resolution as described in these procedures.

Grievance Process

To initiate the grievance process, reports should be brought, in writing, to the appropriate person (each an “Adjudicator”) listed below:

Mediation

In cases where mediation is deemed to be an option by the Adjudicator, the parties will be offered the option by the Adjudicator.  The parties should not contact each other to discuss mediation.  Mediation will be pursued only with the consent of both parties. If the mediation results in a resolution, the formal disciplinary procedure will be concluded and the case will be closed.  If the parties are unable to reach a resolution, the disciplinary process will proceed.

The Adjudicator may act as mediator in these cases or may exercise the option to appoint a designee to mediate.  The mediator shall promptly (beginning no more than ten (10) business days after designation) meet with the complainant, with the respondent and with such other person(s) as the mediator deems appropriate for the purpose of ascertaining the facts and attempting to resolve the complaint.

The mediator will emphasize fact-finding, mediation and conciliation and will rely on discreet inquiry, persuasion, confidentiality and trust in dealing with complaints that are designated for consideration.  A guiding principle shall be to protect the legitimate interests of all parties involved.

Investigation and Adjudication

Following the receipt of a report, if it is determined that there may be a reason to believe that a policy may have been violated, an investigation may commence.  The person against whom the complaint is made (the “respondent”) will be notified that a report has been filed and he/she will have the opportunity to submit a written statement within five (5) business days. The respondent and complainant (the person who has made the complaint or the person for whom a report has been filed) will be given the opportunity to meet separately with the Adjudicator (or designee) to review the appropriate policy and this Grievance Procedure. This meeting will occur no later than ten (10) business days after an investigation is commenced.

The Adjudicator, or an investigator designated by the Adjudicator, will interview the complainant, respondent, and as necessary, any witnesses. The Adjudicator will also gather any pertinent evidentiary materials.  The Adjudicator, or investigator (if applicable) will then prepare a report detailing the results of the investigation including, but not limited to, the relevant content of the interviews and evidentiary materials gathered. 

Administrative Resolution:  If the respondent wishes to accept responsibility for the alleged violation of the relevant policy, s/he may do so at any point during the investigation by contacting the Adjudicator and providing a written statement accepting responsibility.  Upon the Adjudicator’s receipt of the statement of responsibility the investigation will be stopped and the Adjudicator will alert the respondent of the sanction to be imposed within five (5) business days of receipt of the statement.

Adjudication:  In the absence of an administrative resolution, the Adjudicator will prepare a decision, based upon a review of the report and using a preponderance of the evidence, whether there has been a violation of the relevant policy.    Preponderance of evidence means that based upon the information provided, a policy violation was more likely than not to have occurred.  If an individual is determined to be responsible for policy violation, the Adjudicator will specify the sanction to be imposed.  The decision will be rendered and conveyed to the respondent within twenty (20) business days of receipt of the initial complaint.   If there is a need for delay, including, but not limited to, campus closure for break, such delay will be communicated to both the respondent and complainant.

Appeal to the Provost, Dean of the College or Human Resources

The respondent may request an appeal the decision of the Adjudicator to the appropriate Appeal’s Officer (or designee) within five (5) business days of notification of the decision.  The Appeal’s Officer will be either the Director of Human Resources (if the respondent is an employee of Barnard College or a third party), the Provost (if the respondent is a member of the faculty) or the Dean of the College (if the respondent is a student).  The three grounds upon which a request for appeal of the decision or sanctions may be made are:

1. The party believes a procedural error occurred, which the party feels may change or affect the outcome of the decision;
2. The party has substantive new evidence that was not available at the time of the hearing and that may change the outcome of the decision;
3. The party feels that the severity of the sanction is inappropriate given the details of the case and believes a lesser sanction to be more appropriate.

Disagreement with the finding or sanctions is not, by itself, grounds for an appeal.

The appeal request should be submitted in writing to the appropriate Appeal’s Officer. The appropriate Appeal’s Officer can determine whether a review of the Adjudicator’s decision is warranted.  If a change in this decision is necessary, the Appeal’s Officer will review the appeal and Adjudicator’s rationale and make a final decision. An appeal outcome may result in no change, an amendment that reduces sanctions, or an amendment that includes greater sanction.  This decision is not appealable.

However, in situations where the respondent is a faculty member who has been sanctioned with either suspension or dismissal, the respondent has the option to instead appeal the severity of the sanction to the Committee on Grievance in accordance with the Code of Academic Freedom and Tenure.

Appeals will not be reviewed or considered beyond the Appeal’s Officer (or designee).  Appeals decisions will be rendered within ten (10) business days after the receipt of the formal appeal request.  The decision on appeal is final.

Time Frames

If the time frames provided in this procedure cannot be met, the appropriate officer will notify the Complainant and Respondent in writing of the delay and will provide a date by which the appropriate undertaking will be completed.

While the Grievance Procedure is intended to establish guidelines for the proper evaluation of grievances it is sometimes neither possible nor advisable to adhere strictly to such guidelines.  Therefore, provided that the parties to a grievance are afforded proper due process--prior notice of the substance of the grievance, a fair and reasonable opportunity to present evidence and to respond to the grievance, and an opportunity to appeal a decision on the grounds provided herein --reasonable deviations from the process set forth herein shall be permitted

At any time during the Grievance Process, the AVP for Human Resources, Provost or Dean of the College may take interim measures including, but not limited to, reassignment or suspension, if it is determined that circumstances require that such action be taken to protect the safety of individuals or property, or to minimize disruption to the operations of the College.

Policy effective as of August 2011; Modified May 2012