Page 97 - Texas Wesleyan Univ Catalog

University Policies 95
and gather all pertinent information. The investigation shall be completed within thirty (30) calendar days of receipt of the complaint, unless notice of delay is given. A written report shall be prepared, unless advised otherwise by University legal counsel.
At any stage in the investigation, an accused employee may be suspended with pay or reassigned. If the complaint is against a guest or vendor, the guest may have her/his privileges as a guest suspended, or the vendor may have its business dealings with the University suspended, or the guest or vendor may be prohibited from having contact with faculty, staff, students, guests, or vendors of the University until the complaint is resolved. The Office of Human Resources or the administrators shall promptly inform the accused employee, guest, or vendor of the complaint and shall, during the investigation, obtain the employee's, guest’s, or vendor’s version of the facts. The Office of Human Resources or the administrators, in arriving at a determination of whether harassment or discrimination has occurred, shall review the information as a whole in the totality of the circumstances and in the context in which the alleged incident or incidents occurred. The determination shall be made from the facts on a case-by-case basis.
Determination
Upon completion of the investigation, the Office of Human Resources or the administrators are authorized to take the following actions:
1. Determine that the claim of harassment or discrimination was not substantiated and provide written notice of such determination to the employee, guest, or vendor, and the complainant; or
2. Determine that the claim of harassment or discrimination was substantiated and issue appropriate disciplinary action against the employee, guest, or vendor with notification to the complainant that appropriate action is being taken against the employee, guest, or vendor, without providing details of the nature of such action.
Appeals
Either party may appeal the determination by the Office of Human Resources or the administrators to the President in writing within fifteen (15) calendar days of receipt of notification of the determination. If the President does not act to change the determination within seven (7) calendar days of receiving the appeal, the determination shall become final under the executive authority of the President. The President’s decision is final.
Employment-at-Will
The utilization of these procedures shall not affect the employment-at-will nature of the employment relationship.
LODGING OF COMPLAINT AGAINST A STUDENT
Persons who have complaints alleging harassment or discrimination against students are encouraged to raise them either orally or in writing to the Vice President of Enrollment and Student Services, the Dean of Students, the Provost, a Dean, or the Office of Human Resources. The person receiving the complaint shall communicate it promptly to the Vice President of Enrollment and Student Services or the Dean of Students in her or his absence.