Page 95 - Texas Wesleyan Univ Catalog

University Policies 93
LODGING OF COMPLAINT AGAINST A FACULTY MEMBER
Investigation
Any complaint of harassment or discrimination against a faculty member shall be reported immediately to the Provost. The Provost shall promptly assign the complaint to two (2) appropriate administrators of at least the senior staff level or someone who directly reports to the senior staff. These administrators shall investigate the complaint, interview the parties and others in possession of pertinent information, review relevant documentation and evidence, reach an initial determination of whether harassment or discrimination has occurred and, depending upon its severity, seek to resolve the matter informally.
If the administrators believe that immediate harm to either party or the integrity of the investigation is threatened by the continued performance of the accused faculty member’s customary duties or responsibilities, the administrators may recommend to the Provost that the accused faculty member be suspended with pay or reassigned pending the completion of the investigation.
The investigation shall be completed within thirty (30) calendar days of the receipt of the complaint by the Provost, unless notice of delay is given. Within this time frame, the administrators shall prepare a written report of the investigation, which shall include their initial determination.
Informal Resolution
Upon completion of the investigation and depending upon its severity, the administrators are authorized to resolve the matter to the satisfaction of the University, the complaining party and the accused faculty member. If a resolution satisfactory to the University and both parties is reached through the efforts of the administrators, a written statement, a copy of which shall be attached to the administrators’ report, shall indicate the agreement reached by the parties and shall be signed and dated by each party and by the administrators. At that time, all action contemplated under the agreement shall be taken and the investigation shall be closed.
Determination of Merits of Complaint
In arriving at a determination of the existence of harassment or discrimination, the administrators shall consider the evidence as a whole, the totality of the circumstances, and the context in which the alleged events occurred. The determination of the existence of harassment or discrimination shall be made from the facts on a case-by-case basis.
Determination of No Harassment or Discrimination
If the administrators determine that no harassment or discrimination has occurred, they shall dismiss the complaint, giving prompt written notice of said dismissal to each party involved. The complaining party or the University has the right to appeal said dismissal in writing, within fifteen (15) calendar days of the date of the notice of dismissal, to the Provost. If no appeal is filed within the fifteen (15) calendar day period, the matter is automatically closed. If a determination of no harassment or discrimination is appealed, the Provost shall make a written recommendation to the President within seven (7) calendar days. The President shall notify all parties of his or her decision in writing within seven (7) calendar days after receipt of the Provost's recommendation. The President’s decision is final.