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Guidelines on Complaints



 

INVESTIGATION GUIDELINES FOR COMPLAINTS OF DISCRIMINATION

The purpose of these guidelines is to provide information and guidance on the handling of complaints of discrimination at Seton Hall. The guidelines are intended to be flexible and may be adapted to fit the particular circumstances of a case. They are not rules, nor do they create a contractual obligation on behalf of the University. Every effort will be made to resolve a complaint in a timely manner and equitably, and to ensure fairness to the parties.

Process for Handling a Complaint

  1. An individual who believes that he/she has been subject to discrimination on the basis of race, color, national origin, gender, religion, age, sexual orientation (in accordance with the teachings of the Catholic Church and the proscriptions of the law) or status as a veteran, or who has information concerning a potential violation of the University’s Affirmative Action policy, may file a complaint. He/she may do so via his/her supervisor, or by contacting the Senior Human Resources Generalist, who is also the Affirmative Action Officer. Supervisors are required to advise the Senior Human Resources Generalist of a discrimination complaint immediately upon learning of one.

    The Senior Human Resources Generalist may receive a complaint directly from the complainant, or from a third person. The Senior Human Resources Generalist serves as the primary investigator, appoints a co-investigator and coordinates the investigative process.
     
  2. Within five (5) business days of receiving the complaint, the investigator(s) notify the respondent (the individual against whom the complaint has been made) of the complaint, and inform other appropriate individuals, such as the respondent’s supervisor, as may be necessary.
     
  3. The investigators may interview the parties and witnesses and seek additional information and/or documentation that they deem reasonable to conduct a fair investigation.
     
  4. During interviews or other proceedings that may occur in the course of investigation and resolution of an instance of alleged sexual harassment, either the complainant or the respondent may be accompanied by another individual from the University for support purposes. This support individual is not permitted to participate in the process. No attorney, whether accompanying the complainant or the respondent, may be present during interviews or other proceedings unless he/she is from the University, and is attending only for support purposes.
     
  5. Investigations are completed as promptly as possible.
     
  6. Within ten (10) business days following the completion of the investigation, the respondent will be notified regarding the disposition of the complaint. As soon as possible thereafter, the complainant will be notified regarding the disposition of the complaint.

The Appeal Process

Either party may appeal the decision. The appeal is to be made in writing within fifteen (15) school/work days following notification of the disposition of the complaint. The response to the appeal should be made within fifteen (15) school/work days following the submission of the appeal.

The Mediation Process

The University must approve the use of the mediation process and any resolution reached as a result of the mediation process. The mediation process will commence as soon as possible after the complaint is filed and will be concluded as promptly as possible.

Recordkeeping and Confidentiality

The Compliance Officer maintains records of investigations. These records are confidential to the extent possible, in accordance with the law. The contents of records will only be discussed or shared on a need-to-know basis.

Sanctions

Individuals who engage in inappropriate conduct in violation of the University’s Policy Against Racial and Ethnic Discrimination will be subject to disciplinary action. Responsive action may include education, counseling and disciplinary action such as warnings, reprimands, withholding of a promotion, reassignment, suspension without pay or discharge for cause. Depending upon the severity of the disciplinary action, other policies and procedures at the University may be invoked.

False charges may result in disciplinary action against the individual making the false charges.

Non-retaliation

It is improper to retaliate against an individual who has made a claim of discrimination. Retaliation will subject an individual to disciplinary action.

Revised November, 2005