Civil Rights Grievance Procedure

Introductory Statements:

Northern Michigan University commits itself to investigating and rendering a determination concerning each claim or allegation of civil rights breaches in the operation and the administration of its programs, services, and activities.

This NMU Civil Rights Grievance Procedure is designed for complaints regarding civil rights and equity. This procedure shall supersede any other grievance mechanism now having jurisdiction over civil rights, save and except as the question of civil rights and equity may constitute a part, but only a part of grievances/complaints filed before other hearing bodies within the University. In these latter cases, the proceedings shall continue before such hearing bodies at the outset with matters of civil rights and equity suspended until their conclusion as mandated by those procedures. Suspended issues will be later addressed pursuant to these procedures. The Equal Opportunity Office is the initial forum for appeal of a prior decision. Thereafter, appeal may be made to the President.

This Civil Rights Grievance Procedure shall not be used for student vs. student nonemployment relationships. Student vs. student nonemployment grievances and faculty and staff complaints against students will be handled through the Student Conduct Program of the Office of the Dean of Students according to the provisions of the Student Code document save and except a right of appeal to the Assistant to the President for Equal Opportunity .

If the Assistant to the President for Equal Opportunity is the person charged, the President will designate an individual to perform the role of the Assistant to the President for Equal Opportunity throughout this procedure. If the President is charged, the Board of Control will designate an individual to perform the role of the President during this procedure.

Failure to comply with a warning, abide by terms of probation, complete special duties, pay restitution, or otherwise fail to comply with sanctions imposed through these proceedings will be grounds for disciplinary action.

Any person who knowingly and intentionally files a false complaint under these procedures is subject to disciplinary action.

Policy:

The President of the University shall establish a standing Civil Rights Panel (CRP) from among members of the University community. Appointments to the CRP shall take into account the kinds of complaints which may be filed as well as the status of possible complainants (grievants) and respondents (the allegedperpetrants). Nominations may be submitted by any interested person or group which has an affiliation with the University. Appointments from among nominees shall be made by the President in consultation with the Assistant to the President for Equal Opportunity. It shall be the duty and responsibility of the Assistant to the President for Equal Opportunity to train persons appointed to the CRP so they can perform the functions for which they are selected.

Participants in the Civil Rights Grievance Process will select members of the CRP to serve as advisors, investigators, or as determiners.

Roles of Civil Rights Panel Members:

Advisory: Explain the Grievance and Hearing Procedures. Assist in the preparation of evidence to be presented at the various stages of the particular procedure.

Investigatory: Procure information relevant to the claims of the parties, through acquisition of documents, interviews, and preparation of a report of findings for the Formal Hearing Panel.

Determinatory: Conduct the formal Hearing of a grievance and render a determination thereon. Such a determination is, however, subject to an appeal to the Assistant to the President for Equal Opportunity and thereafter tothe NMU president.

1. Advisement of Rights

The Assistant to the President for Equal Opportunity will advise complainants of their right to file a grievance under Northern Michigan University Civil Rights Grievance Procedure (NMUCRGP) and other appropriate federal and state agencies. Moreover, the Assistant to the President for Equal Opportunity will inform grievants of the availability of advisors from the CRP.

2. Advisor

Any grievant or respondent may select a person from the CRP to be present during all phases of the grievance procedure. The role of such an individual is solely advisory and not otherwise participatory.

3. Applicability:

The Assistant to the President for Equal Opportunity will determine whether the assertions set forth in the grievance, when viewed in the light most favorable to the grievant, present issues appropriate for determination under the NMUCRGP. More particularly the Assistant to the President for Equal Opportunity will determine whether the charged acts, if found to be true, would be violative of federal law, state law, or of Northern Michigan University Policy, because they involve discrimination on the basis of age, race, sex, color, religion, national origin, disability, veteran status, or Vietnam Veteran status.

4. Released Time:

In order to facilitate resolution of the dispute, the parties to the grievance, CRP members, as well as such members of the University community will be given necessary time away from work.

5. Impartiality:

The investigation will be conducted in a fair manner, protective of the rights of the parties. Furthermore, any resolution will be accompanied by substantiating evidence, which supports the rationale of the decision.

6. Confidentiality:

Legal and ethical considerations require a grievant's request of confidentiality to be strictly honored. Breach of confidentiality will result in disciplinary action ranging from a verbal warning to termination. However, should a grievant desire to proceed with an investigation/adversarial proceeding, the promise of confidentiality would extend to those with a need to know. Care must be taken to advise the grievant of the scope of confidentiality as stated herein.

7. Timeliness:

These procedures will be carried out in a timely fashion. The entire process, from informal complaint (if required) to informal resolution or the opening of a formal hearing, will be completed in no more than sixty (60) calendar days from the date the complaint is filed.

The last day of periods to be computed is to be included unless it is a Saturday, Sunday or NMU holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or NMU holiday.

Good cause showing, sufficient to result in an extension of time, shall include but not be limited to illness, death in the family, absence from the state or University, and any other circumstances which will constitute undue hardship upon the person who may want to respond or who is requested to respond.

8. Access:

The Assistant to the President for Equal Opportunity and the advisory panel shall have access to any record and/or person at the University necessary to complete an investigation or hearing.

9. Records:

Records and notes will be retained by the Assistant to the President for Equal Opportunity in a confidential file unless these materials are required by the University in a matter involving litigation, another grievance, or a complaint to which the University is a party, or as otherwise required to be disclosed by law.

10. Retaliation:

Retaliation of any nature taken by anyone in the University community against a member of the University community as a result of a grievance, inquiry, or report of a known or perceived violation under this policy, is an independent offense under federal and state law and under Northern Michigan University Policy.

11. Time to Complain:

Complaints of discrimination must be filed within ninety (90) calendar days of the alleged act. If issuance of a grade is involved, students may file a grievance within ninety (90) calendar days after the grade is received, if that date is later. The Assistant to the President for Equal Opportunity may waive this time limit for good cause and investigate and act on complaints involving incidents which occurred beyond the ninety (90) calendar day filing period.

12. Conflicts:

Members of the CRP may serve in only one (1) role at a time (i.e., Advisory, Investigatory, or Determinatory) during the processing of a given grievance. They may serve in the same or a different capacity on another unrelated grievance even if it is being processed at the same time. Persons serving on the CRP who are employed in the Public Safety and Police Services department may not serve in an Investigatory capacity.

13. Protective Arrangements:

If the Assistant to the President for Equal Opportunity determines that protective arrangements are appropriate during the processing of a complaint, the Assistant to the President for Equal Opportunity is authorized to initiate and effectuate reasonable arrangements.

14. Evidence:

As a general practice the Formal Hearing Panel (FHP) or Assistant to the President for Equal Opportunity will not be obligated to technical rules of evidence. Rather a concerted effort will be made to get all pertinent evidence introduced, in order to arrive at a just determination. It should be understood that the panels do not sit as courts of law and are not restricted by the legal rules of evidence and procedure, since they hold administrative hearings which allow flexibility and the reasonable use of discretion. The burden of proof is on the person seeking redress.

15. Rules of Procedure:

The Rules of Procedure developed by the decision maker shall be consistent with due process under the circumstances of the case.

II. Complaint Procedure

STEP I: Informal Complaint

1. Individuals who believe they have been subject to discriminatory conduct may contact the Assistant to the President for Equal Opportunity to discuss the complaint on an informal and verbal basis. The grievant will describe the alleged discrimination and identify the individual(s), program(s), or department(s) involved. The Assistant to the President for Equal Opportunity shall ask the grievant to state the type of relief or resolution sought.

2. The Assistant to the President for Equal Opportunity shall review the applicability or inapplicability of civil rights laws to the complaint, explain the grievance procedure, and advise the grievant of other appropriate agencies and or University procedures under which the complaint may be filed. The Assistant to the President for Equal Opportunity shall advise the grievant of the availability of an Advisor and shall recommend the selection of an Advisor.

3. The Assistant to the President for Equal Opportunity shall contact the appropriate persons to try to effect an informal resolution of the grievance within twenty-one (21) calendar days of this meeting.

4. If the parties are satisfied with the proposed informal resolution, the Assistant to the President for Equal Opportunity shall write to the affected parties summarizing the resolution and shall informally close the case.

5. If the grievance cannot be resolved, the grievant may proceed to Step II.

STEP II: Formal Complaint

1. Within seven (7) calendar days of determining that a Step I resolution cannot be effected, the grievant may submit a written complaint on a Complaint Form (Form 1) provided by the Assistant to the President for Equal Opportunity. The written, signed complaint shall include a description of the alleged discriminatory act(s), the date(s) of the act(s), and the individual(s), program(s), or department(s) involved. The selected Advisor will help the complainant complete the form if so requested.

2. Within seven (7) calendar days of receipt of the written complaint, the Assistant to the President for Equal Opportunity will send a Notice of Complaint (Form 2), a copy of the Complaint Form, a Response Form (Form 3), and a copy of the NMU Civil Rights Grievance Procedure to the alleged perpetrant. The alleged perpetrant will submit the completed Response Form inclusive of any counter charges to the Assistant to the President for Equal Opportunity within ten (10) calendar days from the receipt of the Complaint Form. For purposes of determining deadlines, a postmark will be treated as the date of receipt.

Upon receipt of notice that the complainant chooses to file a formal complaint, the Assistant to the President for Equal Opportunity shall select two (2) persons from the CRP to serve as Investigators. This group shall be convened within fourteen (14) calendar days to discuss the complaint and to determine the appropriate steps toward investigation of the claim. The Assistant to the President for Equal Opportunity will be responsible for assuring that the investigation is conducted in accordance with this directive.

3. The Assistant to the President for Equal Opportunity shall continue efforts to resolve the complaint informally. The Assistant to the President for Equal Opportunity shall have access to all relevant information, interview witnesses, and bring together grievant and alleged perpetrant, if desirable.

The Assistant to the President for Equal Opportunity may consult with individuals, both inside and outside of the University community, who have knowledge and expertise in matters pertinent to the complaint. These individuals may serve as consultants to the resolution process and may participate in any mediation sessions between the parties to the grievance.

4. If a resolution satisfactory to both parties to the grievance is reached, the Assistant to the President for Equal Opportunity shall close the case, sending a written notice to that effect to the pertinent parties. The written notice, a copy of which shall be attached to the original Complaint Form in the Assistant to the President for Equal Opportuity's files, shall indicate the agreement reached and shall be signed and dated by the aforementioned parties and the Assistant to the President for Equal Opportunity.

5. If a resolution satisfactory to both parties is not reached within fifteen (15) calendar days from the initiation of Step II, the Assistant to the President for Equal Opportunity shall, within three days so notify the grievant in writing, and advise her or him of the right to proceed to a formal hearing.

III. Formal Hearing

1. If the grievant chooses to proceed to a formal hearing, she or he shall notify the Assistant to the President for Equal Opportunity in writing within five (5) calendar days from the time of notification that the grievance cannot be resolved informally.

2. Within five (5) calendar days of receipt of this notification, the Assistant to the President for Equal Opportunity shall notify the parties to the grievance that a formal hearing shall take place by a three (3) member FHP. The grievant shall select one (1) person from the CRP to serve on the FHP. The alleged perpetrant shall select one (1) person from the CRP to serve on the FHP. The two (2) selected FHP members shall select a third person from the CRP to serve as the chair of the FHP. Should the parties fail to select a chair, the Assistant to the President for Equal Opportunity will so select.

3. Within five (5) calendar days of the selection of the FHP, the Assistant to the President for Equal Opportunity will transmit to the Chair of the FHP all information contained in the case file.

4. To complete the task of determining whether discrimination has occurred, the FHP shall be empowered to gather additional information as required, interview witnesses, and undertake hearings as appropriate.

5. The grievant and alleged perpetrant will be given no less than five (5) calendar days of notice of an initial hearing and not less than five (5) days notice of subsequent hearings.

6. During the hearings, the grievant and the alleged perpetrant will be allowed to offer their testimony, to present the testimony of witnesses, and to offer other evidence deemed relevant by the Formal Hearing Panel. The parties may confer with their advisors; however, advisors will not be recognized to speak.

7. The grievant's evidence will be presented first, followed by questions from the FHP. After the grievant's evidence has been offered, evidence from the other party or parties involved may be presented, followed by questions from the FHP.

8. The parties to the grievance may each have one (1) Advisor from the CRP and one (1) other person present with them at the hearing. Said parties shall, however, offer their own testimony and respond directly to all questions asked of them.

9. The hearings will be closed unless the parties to the grievance agree that they shall be open.

10. The person chairing the FHP is charged with the duty of maintaining a record of the proceedings. The record may be kept on audio tape.

11. During the Formal Hearing, the Assistant to the President for Equal Opportunity will be available to advise the FHP.

12. The FHP will consider only facts, testimony, and evidence pertinent to the alleged act(s) of discrimination.

13. To maintain confidentiality, witnesses will be present at the hearing only during those times in which they are offering testimony.

14. FHP members will maintain confidentiality during and after the proceedings. Violations of confidentiality will result in removal from the FHP and the CRP, as well as formal disciplinary action which may range from a verbal warning to termination.

15. Within fourteen (14) calendar days after the close of the hearing, the FHP shall determine the presence or absence of "just cause" in the matter at issue.

a. Findings of Just Cause: If the FHP determines that discrimination was present, it will submit a written report supporting these findings, along with recommendations for further action, to the President of the University.

Recommendations may include but are not limited to:

-Change in University policy or procedure

-Warning or official reprimands

-Probation

-Imposition of special duties

-Suspension

-Discharge from employment

-Expulsion from the University

-Financial restitution

b. Absence of Just Cause: If, upon investigation, the FHP finds no just cause to support the claim that discrimination has occurred, the FHP shall recommend to the President of the University that the case be dismissed.

IV. Appeals Procedure

1. Any person who believes her or his civil rights were adversely impacted by the application or implementation of University policies or procedures, possesses the right to register an appeal with the Assistant to the President for Equal Opportunity. This right must be exercised within fifteen (15) calendar days.

2. The decision of the Assistant to the President for Equal Opportunity shall be in the form of a recommendation to the President. The President shall act upon the recommendation within thirty (30) calendar days. The President may extend the time for good cause. The decision of the President shall be a part of the record. However, should the President believe it is necessary to request additional information, that may be done in whatever form the President seeks to adopt. For example, the President may give specific instructions to ask specific questions of the determiner and the Assistant to the President for Equal Opportunity.

3. The decision of the President shall be final, save and except as an appeal to the Board of Control is mandated by Michigan law.

V. Further Provisions on Time Limits

1. All of the time limits specified above, with the exception of the ninety (90) calendar day limit on the initial filing of grievances, may be extended by mutual agreement of the grievant and the respondent, or by the Assistant to the President for Equal Opportunity or good cause.

2. All of the time limits specified above, with the exception of the ninety (90) calendar day limit on the initial filing of grievances will be automatically extended if mailed. For purposes of extending deadlines, a postmark will be treated as the date of receipt.

3. If the University or designee fails to review and/or respond within the time limits provided, the complainant may proceed to the next step.

4. If the complainant fails to respond within the time limits provided, the grievance shall be deemed to have been withdrawn.

5. In the event of a question of the timeliness of any grievance, the date stamping or the dating and signing of the document shall be determinative. Any notices or documents sent by mail must be sent as certified mail and the mailing certificate date shall be determinative.