Report an Ethics
INVESTIGATION GUIDELINES ON COMPLAINTS OF SEXUAL HARASSMENT
The purpose of these guidelines is to provide information and guidance on the handling of complaints of sexual harassment 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 promptly and equitably, and to ensure fairness to the parties.
Process for Handling a Complaint
- An individual who believes that he/she has been subject to sexual
harassment, or who has information concerning a potential violation of
University policy in this area, may file a complaint. He/she may do so via
his/her supervisor, or by contacting the Senior Human Resources Generalist.
Supervisors are required to advise the Senior Human Resources Generalist of
a sexual harassment 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 coordinates the investigative process. The Senior Human Resources Generalist serves as the primary investigator, appoints a co-investigator and coordinates the investigative process.
In any instance in which a sexual harassment complaint involves a student, either as complainant or respondent, at least one trained investigator from the Student Affairs staff will participate as a co-investigator. When a sexual harassment complaint involves a student as a respondent, University Community Standards proceedings may be held, in accordance with the process outlined in the SHU Student Handbook. When a student, or students, is/are involved in a complaint, the Senior Human Resources Generalist ensures coordination and appropriate information sharing between investigators and Student Affairs personnel involved in hearings, and/or in decisions concerning interventions (such as no-contact orders) that may result from investigation and resolution of the complaint.
- 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.
- The investigators may interview the parties and witnesses and seek
additional information and/or documentation that they deem reasonable to
conduct a fair investigation.
- 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.
- Investigations are completed as promptly as possible.
- Within ten (10) business days following the completion of the investigation, the respondent’s supervisor (if the respondent is an employee), or the Assistant Dean for Community Development (if the respondent is a student) will notify the respondent 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) business days following notification to the parties of the
disposition of the complaint. The response to the appeal should be made within
fifteen (15) business 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 Office 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 University
Policy Against Sexual Harassment 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 from employment 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
Retaliation against an individual who has made a claim of sexual harassment is prohibited. Retaliation will subject an individual to disciplinary action.
Revised November, 2005